Coleman v. Coleman
95 A.3d 569
Conn. App. Ct.2014Background
- Married in 1975; two children; defendant was a full-time homemaker.
- Separation occurred July 2010; defendant moved to New Mexico; earning capacity $400/week.
- Plaintiff employed as IBM consulting programmer; 2012 income about $186,264 salary plus bonus; net weekly income about $2,846.
- Plaintiff received approximately $1 million inheritance in 2007; by dissolution the balance was in Morgan Stanley accounts (and related assets).
- Defendant received approximately $119,000 from family during marriage, later depleted by family expenditures.
- At dissolution, home worth about $300,000 with liens of about $34,763; plaintiff had substantial investment and retirement accounts totaling about $2,359,635.42.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion in dividing inheritance | Coleman argues inheritance should be excluded or given weight due to lack of spouse’s contribution. | Coleman contends inheritance is part of estate and should be equitably divided under §46b-81 (c). | No abuse; inheritance subject to distribution; court properly considered §46b-81 (c) |
Key Cases Cited
- Gervais v. Gervais, 91 Conn. App. 840 (2005) (abuse of discretion standard in domestic relations)
- Light v. Grimes, 136 Conn. App. 161 (2012) (broad discretion in distributing marital property; consider all factors)
- Lopiano v. Lopiano, 247 Conn. 356 (1998) (no requirement to recite every statutory factor; broad latitude in weighing factors)
- Rozsa v. Rozsa, 117 Conn. App. 1 (2009) (goal to give each spouse an equitable share at dissolution)
- Boyne v. Boyne, 112 Conn. App. 279 (2009) (no need for express findings on every §46b-81 (c) factor)
- State v. DeJesus, 288 Conn. 418 (2008) (legislative vs. judicial roles; interpret statutes within judicial function)
