GOLDBERG, JTR.
Both parties appeared and were represented by counsel. All statutory stays have expired and the court has jurisdiction.
Having heard the evidence, the court finds as follows.
The plaintiff, whose maiden name was Betty Silverman, and the defendant intermarried on April 18, 1992 at Portsmouth, New Hampshire; that the plaintiff has resided continuously in Connecticut for more than one year preceding the filing of this complaint; that there is one minor child issue of the marriage, namely Jordan Wells, born on October 7, 1992; that no other children have been born to the plaintiff since the date of the marriage of the parties; that neither party nor the minor child have received assistance from the State of Connecticut or any municipality; and that the marriage has broken down irretrievably without hope of reconciliation.
Plaintiff is a 64-year-old woman in reasonably good health who is a college graduate and had been certified as a teacher in New York and New Jersey. After the marriage and the birth of their son, the parties moved to Connecticut. Plaintiff has never become certified as a teacher in Connecticut and has worked sporadically for many years as a substitute teacher and as a private tutor, earning approximately $3,000 to $5,000 annually during the last couple of years. The parties purchased a home in Niantic, Connecticut in 1997 and continue to reside in said marital home.
Defendant is a 53-year-old man who has a masters degree in fine arts from Yale University and has been employed as a professor at Western Connecticut State College since 1993, earning a gross annual income of approximately $90,000 during the current academic year. In addition, defendant has been engaged as a graphic art editor for Second Wind Media for a number of years. In the past, defendant averaged approximately $15,000 for his services. He testified that he was not compensated for CT Page 15903 his service during the current year due to the poor economic conditions, but was hopeful that he would be compensated in the future if economic conditions improved.
The testimony indicated that the parties had problems early on during the marriage and that they participated in marriage counseling in 1994 and again in 2001. Further, both parties claimed a lack of communication throughout the marriage and that they did not have sexual relations during the last five or six years.
Defendant's counsel contended that the plaintiff should make an effort to become certified as a teacher in Connecticut and thereby increase her annual earnings. The court notes that plaintiff would be over 65 years of age by the time she became certified as a teacher and the opportunity to obtain employment at that age as a beginning teacher would be somewhat limited. However, plaintiff should be able to obtain employment earning at least minimum wages. The court further notes that under the provisions of section 46b-81 of Connecticut General Statutes it should consider among other things the age, health, vocational skills, employability of each of the parties and the opportunity of each for future acquisition of capital assets and income. Accordingly, the court considers the fact that defendant is a 53-year-old tenured professor and also has been engaged as a graphic artist and has the greater opportunity to acquire additional income and assets in the future.
Having heard the testimony of the parties and reviewed the financial affidavits and the exhibits entered into evidence and considering the statutory criteria, the court enters a decree of dissolution and enters the following orders.
1. The parties shall share joint legal custody of the minor child with primary residence being with plaintiff mother. Defendant father shall have reasonable, liberal and flexible visitation, including overnights and alternating weekends as arranged with the minor son who is 17 years of age. Holidays and school vacations shall be shared by agreement of the parties.
2. Defendant shall pay to plaintiff $250 per week as child support which sum is in substantial compliance with the Connecticut Child Support Guidelines.
3. Defendant shall pay to plaintiff $350 per week as alimony for a term of nine years which amount may be modifiable but the term is non-modifiable. Said alimony order shall terminate upon the earlier of the death of either party, the remarriage of the plaintiff, the CT Page 15904 expiration of the term, or cohabitation by the plaintiff as defined by statute.
4. Defendant father shall continue to maintain medical insurance for the benefit of their son so long as the son is a full-time student or reaches 23 years of age. Any unreimbursed medical expenses shall be paid in accordance with the child support guidelines (75% by father and 25% by mother). Defendant to maintain COBRA coverage for plaintiff for eight months at plaintiff's expense.
5. Plaintiff shall have the right to exclusive use of the marital residence at 51 Sleepy Hollow Road, Niantic, Connecticut, and she shall be responsible for all expenses related thereto. Upon the son's graduation from high school, the parties shall place the marital residence for sale and after all expenses of the sale have been deducted, including the home equity loan, they shall split the net proceeds equally.
6. Each party to keep the automobile currently in their possession and assume all liabilities associated with said automobile and hold the other harmless therefrom.
7. Each party shall retain bank accounts in their own name and any joint bank accounts shall become the property of the plaintiff.
8. Defendant is ordered to transfer one-half of his retirement/annuity account to plaintiff. Defendant testified that the current value of said account is $164,784 which was accumulated during the marriage. Accordingly, defendant is ordered to transfer the sum of $82,392 to the plaintiff by way of QDRO, if required, or by any other document necessary, to effectuate the transfer.
9. The remaining debts shown on defendant's financial affidavit shall be the responsibility of the defendant and he shall hold plaintiff harmless therefrom.
10. The personal property at the marital residence shall be divided by mutual agreement of the parties and if no agreement can be reached, the disputed issues shall be submitted to binding arbitration with the cost of such arbitration being split equally.
11. Defendant father has agreed to pay the cost of their son's college expenses (room, board, books, etc.) for four years at a college or university operated by the State of Connecticut The court shall retain jurisdiction pertaining to post-majority educational support to CT Page 15905 effectuate this order.
12. Plaintiff shall claim their son as dependant for tax purposes in even-numbered years and defendant shall claim him in odd-numbered years.
13. Defendant shall maintain the current life insurance policy with a face value of $250,000 naming plaintiff and their son as irrevocable beneficiaries for the term of his financial obligations pursuant to this judgment.
14. Defendant shall pay to plaintiff's counsel the sum of $3,000 as contribution toward attorney fees, said sum being payable at the rate of $500 per month commencing on November 1, 2009 and on the first day of each month thereafter until paid in full.
CT Page 15906
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