Connecticut Law on Alimony

In Connecticut, alimony (also known as spousal support) is designed to provide financial assistance to a spouse after a divorce, based on need and the other spouse’s ability to pay. The goal is to help the receiving spouse maintain a standard of living similar to that during the marriage or to allow time for the receiving spouse to become self-sufficient. Connecticut courts have broad discretion in determining whether alimony should be awarded, the purpose of the award, the amount, and the duration.

Types of Alimony in Connecticut

Connecticut law recognizes different types of alimony, which vary depending on the duration and purpose of the support:

Temporary (Pendente Lite) Alimony

1. Awarded during the divorce proceedings to support a spouse until the final judgment.
2. This is designed to maintain the status quo while the divorce is ongoing.
3. Ends when the final divorce is granted.

Rehabilitative Alimony

1. Awarded for a limited period to help a spouse gain financial independence through education, training, or time to re-enter the workforce.
2. Often granted when one spouse needs to build or improve skills to support themselves after the marriage and, with such opportunity, will no longer need alimony.
3. Most awards of alimony in Connecticut are now time-limited or “rehabilitative” 

Permanent (Lifetime) Alimony

1. Awarded when the spouse is unlikely to achieve financial independence due to factors like age, health, or a long period of being out of the workforce.
2. Permanent Alimony has become extraordinarily rare in Connecticut.

Lump-Sum Alimony

1. Paid in a single payment, rather than periodically, as part of the divorce settlement.
2. This is often used when spouses agree on a one-time payout instead of ongoing payments.

Factors Considered in Awarding Alimony

Under Connecticut General Statutes § 46b-82, the court considers a wide array of factors when deciding whether to award alimony, how much, and for how long. Importantly, Connecticut is a no-fault divorce state, but the court may still take fault into account when awarding alimony, especially if one spouse’s conduct (e.g., adultery, abuse, or financial misconduct) contributed to the breakdown of the marriage.  Here are some of the key factors the court evaluates:

Length of the Marriage

Longer marriages are more likely to result in alimony, particularly longer term or permanent alimony. For shorter marriages, alimony awards tend to be smaller and for shorter durations, if at all. However, every case has a unique set of circumstances that can change the outcome of a case.

Age, Health, and Station of Each Spouse

The court considers the physical and emotional condition of each spouse. If a spouse is older or in poor health, they may be awarded more alimony for a longer period. The “station” refers to the lifestyle and social standing that the couple enjoyed during the marriage, which the court may aim to maintain for both parties post-divorce.

Earning Capacity and Income

This includes current income, future earning potential, education, job skills, and work history.  If a spouse is underemployed or unemployed but capable of working, the court may impute income, meaning they calculate what the spouse could be earning, and base an alimony award on what the spouse could be earning.  Courts need some kind of evidence of earning capacity to impute an income.  Where an award of alimony is going to be contested and earning capacity is at issue, a vocational expert may be retained to provide expert evidence of a party’s potential earning ability.  

Education and Skills

A spouse’s level of education and job training can influence alimony. If a spouse lacks the education or skills necessary to be financially independent, they may receive alimony while they pursue education or job training (rehabilitative alimony).

Cause of the Divorce (Fault)

While Connecticut allows no-fault divorces, fault can still play a role in alimony decisions. If one spouse’s misconduct (e.g., infidelity, abandonment, abuse, substance abuse, or financial waste) contributed to the breakdown of the marriage, the court may take that into consideration when determining alimony.

Contributions to the Marriage

Both financial and non-financial contributions are considered. This includes contributions like managing the household, caring for children, or supporting the spouse’s career.

The Needs of Each Party

The court evaluates the financial needs of both spouses, including housing, living expenses, and future needs.  Historically, courts have tried to ensure that the receiving spouse can maintain a reasonable standard of living after the divorce, however that mind set is shifting in many, but not all, superior courts around the state.  

The Property Settlement

The court will consider how property has been divided. If one spouse receives a substantial portion of the assets, or was assigned less of the debt, the need for alimony might be reduced or eliminated.

The Opportunity for Future Acquisition of Assets and Income

If one spouse is in a better position to acquire future assets and income, this may result in higher alimony for the other spouse.

How is Alimony Taxed? 

Alimony is no longer deductible for the paying spouse or taxable as income to the receiving spouse under the Tax Cuts and Jobs Act of 2017 for divorces finalized after January 1, 2019.  That means that the spouse paying alimony pays all the taxes on the money paid to the spouse receiving the alimony.  While that may sound attractive to a spouse receiving the alimony, it usually results in smaller alimony awards as the paying spouse usually has a higher tax bracket, resulting in less net income available to divide between the parties.  

Modification and Termination of Alimony

Alimony orders can generally be modified or terminated under certain circumstances, unless the court order specifically states otherwise. Alimony will also terminate at the end of the specific term of years that the parties agree upon or a Court orders..

• Modification: Either spouse can request a modification of alimony if there is a substantial change in circumstances, such as cohabitation with a partner that decreases the expenses of the spouse receiving alimony, a job loss, a significant increase or decrease in income for either party, or a change in health status.
• Termination: Alimony typically ends with the death of either party, or the remarriage of the receiving spouse.

Enforcement of Alimony Orders

If a spouse fails to pay alimony, the receiving spouse can request that the court enforce the order. If your spouse has failed to pay alimony, do not delay in asserting your rights as this could significantly impact the rate at which a court orders your ex-spouse to pay the unpaid support.  The court can use various enforcement methods, including:

• Garnishing wages.
• Seizing assets.
• Contempt proceedings.

Alimony in Connecticut is determined on a case-by-case basis, and the courts have significant discretion in crafting awards based on the unique circumstances of each marriage.  That means that the unique perspective of an individual judge can have an outsized impact on how much alimony you end up paying or receiving.  If alimony is likely to be a factor in your divorce, or if there has been a substantial change in your or your ex-spouse’s financial circumstances since your divorce, you need a seasoned attorney who is regularly practicing in front of the court who understands how a judge might rule, and what evidence needs to be presented to get your best outcome.