Nation-Bailey v. Bailey
2013 WL 3673473
Conn. App. Ct.2013Background
- Adrian Bailey and Rebecca Nation‑Bailey divorced in 2007; their separation agreement (incorporated into the dissolution judgment) required payment of "unallocated alimony and child support" until death, the plaintiff’s remarriage or "cohabitation as defined by Conn. Gen. Stat. §46b‑86(b)", or August 1, 2011.
- The trial court found the plaintiff cohabited with her then‑fiancé from December 2007 to March 2008, sharing some living expenses, producing a change in her financial needs.
- The trial court reduced/modified the defendant’s unallocated support to $200/week and suspended payments during the cohabitation period, rather than declaring automatic termination of alimony.
- Defendant moved to terminate unallocated support as self‑executing under the agreement; plaintiff moved for contempt for unpaid unallocated support.
- The appellate majority held that because the agreement defined cohabitation by reference to §46b‑86(b) and expressly said payments were to continue “until” cohabitation, the provision was self‑executing and alimony terminated as of the initial date of cohabitation; the case was remanded to enter termination and to address child support and contempt issues.
Issues
| Issue | Nation‑Bailey's Argument | Bailey's Argument | Held |
|---|---|---|---|
| Whether the agreement’s provision referencing “cohabitation as defined by §46b‑86(b)” was self‑executing and required automatic termination of alimony upon cohabitation | The reference to §46b‑86(b) authorizes the court to apply the statute (suspend, reduce, or terminate) and thus the court properly modified/suspended payments | The agreement’s unambiguous “until … cohabitation as defined by §46b‑86(b)” clause is self‑executing and required termination of alimony as of the date cohabitation began | Court: Provision is self‑executing; alimony terminated as of the initial date of cohabitation; modification/suspension was incorrect |
| Whether the trial court could apply §46b‑86(b) remedies rather than enforce the agreement’s termination language | N/A (overlaps with first issue) | N/A | Court: Where an agreement defines cohabitation by reference to §46b‑86(b), once cohabitation is found, the court must enforce the agreement’s terms (here, termination), not substitute statutory remedies |
| Whether additional findings/orders on child support were required after termination of alimony | Child support should be addressed by the court if alimony terminated retroactively | California jurisdiction argument; defendant contended child support issue would be handled in California | Court: Remanded for further findings/orders on child support (child support remains at issue; Connecticut may retain jurisdiction) |
| Whether contempt finding should stand given reversal on termination/modification | Plaintiff argued contempt for unpaid unallocated support was warranted | Defendant disputed contempt given termination argument | Court: Reversed modification; remanded for new hearing on contempt consistent with termination ruling |
Key Cases Cited
- Tuckman v. Tuckman, 308 Conn. 194 (standard of review in domestic relations)
- D'Ascanio v. D'Ascanio, 237 Conn. 481 (where agreement defined cohabitation by statute, court must enforce agreement terms once cohabitation found)
- DeMaria v. DeMaria, 247 Conn. 715 (§46b‑86(b) financial‑impact requirement applies even if judgment does not reference statute)
- Remillard v. Remillard, 297 Conn. 345 (concerning interpretation of ambiguous “cohabitation” term in agreement)
- Krichko v. Krichko, 108 Conn. App. 644 (trial court improperly relied on §46b‑86 rather than enforcing agreement that terminated alimony)
- Mihalyak v. Mihalyak, 30 Conn. App. 516 (statute inapplicable where neither agreement nor motion referenced §46b‑86)
- Racsko v. Racsko, 102 Conn. App. 90 (interpretation of judgment language referencing cohabitation as defined by statute)
- Tomlinson v. Tomlinson, 305 Conn. 539 (unallocated orders include a child support component and implicate guideline obligations)