Raised Bill No. 1155- an alternative proposed bill presented at the same time as 6688. Bill 6688 was passed and signed by Governor Molloy in 2013

AN ACT CONCERNING REVISIONS TO STATUTES RELATING TO DISSOLUTION OF MARRIAGE, LEGAL SEPARATION AND ANNULMENT.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 46b-36 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

[Neither husband nor wife] A spouse shall not acquire by [the] marriage any right to or interest in any property held by the other before or acquired after such marriage, except as to the share of the survivor in the property as provided by sections 45a-436 and 45a-437. [The separate earnings of the wife shall be her sole property. She] Each spouse shall have power to make contracts with [her husband] the other spouse or with third persons, to convey to [her husband] the other spouse or to third persons his or her real and personal estate and to receive conveyances of real and personal estate from [her husband] the other spouse or from third persons as if unmarried. [She] Each spouse may bring suit in his or her own name upon contracts or for torts and he or she may be sued for a breach of contract or for a tort; and his or her property, except such property as is exempt by law, may be taken on attachment and execution, but shall not be taken for the debts of [her husband] the other spouse, except as provided in section 46b-37. [The husband] Neither spouse shall [not] be liable for [her] the debts of the other spouse contracted before marriage, nor upon [her] the other spouse's contracts made after marriage, except as provided in said section.

Sec. 2. Section 46b-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) If the parties to a decree of legal separation at any time resume marital relations and file their written declaration of resumption, signed, acknowledged and witnessed, with the clerk of the superior court for the judicial district in which the separation was decreed, the declaration shall be entered upon the docket, under the entries relating to the complaint, and the decree shall be vacated. [and the complaint shall be deemed dismissed.]

(b) If no declaration has been filed under subsection (a) of this section, [then at] the decree of legal separation shall remain in effect regardless of the conduct of the parties. At any time after the entry of a decree of legal separation, if no written declaration has been filed pursuant to subsection (a) of this section, either party may petition the superior court for the judicial district in which the decree of legal separation was entered for a decree dissolving the marriage and the court shall enter the decree dissolving the marriage in the presence of the party seeking the dissolution. At the time the decree of legal separation is converted to a decree of dissolution of marriage, the court shall not have jurisdiction to award relief pursuant to section 46b-81, as amended by this act, that is different from the relief awarded at the time of the entry of a decree of legal separation. Except as provided in section 46b-86, as amended by this act, the court shall enter the same award of alimony as it entered at the time it entered the decree of legal separation.

Sec. 3. Section 46b-66 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) In any case under this chapter where the parties have submitted to the court an agreement concerning the custody, care, education, visitation, maintenance or support of any of their children or concerning alimony or the disposition of property, the court shall inquire into the financial resources and actual needs of the spouses and their respective fitness to have physical custody of or rights of visitation with any minor child, in order to determine whether the agreement of the spouses is fair and equitable under all the circumstances. If the court finds the agreement fair and equitable, it shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court. If the court finds the agreement is not fair and equitable, it shall make such orders as to finances and custody as the circumstances require. If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any such order and shall be enforceable to the same extent as any other provision of such order or decree, notwithstanding the provisions of section 1-1d.

(b) Agreements providing for the care, education, maintenance or support of a child beyond the age of eighteen entered into on or after July 1, 2001, shall be modifiable to the same extent as any other provision of any order or decree in accordance with section 46b-86, as amended by this act.

(c) The provisions of chapter 909 shall be applicable to any agreement to arbitrate in an action for dissolution of marriage under this chapter, provided (1) an arbitration pursuant to such agreement may proceed only after the court has made a thorough inquiry and is satisfied that (A) each party entered into such agreement voluntarily and without coercion, and (B) such agreement is fair and equitable under the circumstances, and (2) such agreement and an arbitration pursuant to such agreement shall not include issues related to [child support, visitation and custody] custody of, or visitation or access to, minor children. Arbitration agreements may include (A) child support and child-related financial issues, provided the arbitrator's determination concerning such issues shall be consistent with the provisions of sections 46b-84 and 46b-215 to 46b-225, inclusive, and (B) any determination on education-related issues which the parties agree to submit to arbitration. An arbitration award in such action shall be confirmed, modified or vacated in accordance with the provisions of chapter 909.

Sec. 4. Section 46b-81 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) At the [time of entering] earlier of the entry of a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of the estate of the other. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either the husband or the wife, when in the judgment of the court it is the proper mode to carry the decree into effect.

(b) Notwithstanding the provisions of subsection (a) of this section, if the court did not have personal jurisdiction over a party at the time of the decree of annulment, dissolution or legal separation, and if the court subsequently acquires personal jurisdiction over that party, the court may assign the property of the parties pursuant to subsection (a) of this section, provided the court expressly retained jurisdiction to do so at the time of entry of the decree of annulment, dissolution or legal separation.

[(b)] (c) A conveyance made pursuant to the decree shall vest title in the purchaser, and shall bind all persons entitled to life estates and remainder interests in the same manner as a sale ordered by the court pursuant to the provisions of section 52-500. When the decree is recorded on the land records in the town where the real property is situated, it shall effect the transfer of the title of such real property as if it were a deed of the party or parties.

[(c)] (d) In fixing the nature and value of the property, if any, to be assigned, the court, after [hearing the witnesses, if any, of each] considering any evidence presented by a party [, except as provided in subsection (a) of section 46b-51,] shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, [and] the opportunity of each party for future acquisition of capital assets and income, the tax consequences of its orders and the tax attributes of the assets of the parties. The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.

Sec. 5. Section 46b-82 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) At the time of [entering the decree] entry of a decree of annulment, legal separation or dissolution of marriage, the Superior Court may order either of the parties to pay alimony to the other, in addition to or in lieu of an award pursuant to section 46b-81, as amended by this act. If the court enters a decree of dissolution of marriage following a decree of legal separation, the alimony award shall be the same as the award entered at the time of the entry of a decree of legal separation, except when a modification of the alimony award is entered pursuant to section 46b-86, as amended by this act. The order may direct that security be given therefor on such terms as the court may deem desirable, including an order pursuant to subsection [(b)] (e) of this section or an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. The court may order that a party obtain life insurance as such security unless such party proves, by a preponderance of the evidence, that such insurance is not available to such party, such party is unable to pay the cost of such insurance or such party is uninsurable. In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall [hear the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-51,] consider the evidence presented by each party and shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate and needs of each of the parties, the tax consequences of its orders and the award, if any, which the court may make pursuant to section 46b-81, as amended by this act, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent's securing employment.

(b) If the court shall enter an alimony award of an indefinite duration, where the recipient is to receive alimony until the death of either party or the recipient's remarriage, the court shall specify the factors set forth in subsection (a) of this section upon which it relied in making the alimony award.

(c) When determining the amount of annual alimony to be awarded, the court may utilize the calculation set forth in this subsection to determine such amount. The amount of annual alimony may be determined by (1) calculating thirty per cent of the annual gross income of the party with the higher gross income, and (2) subtracting from the amount determined pursuant to subdivision (1) of this subsection, twenty per cent of the annual gross income of the party with the lower gross income. The amount of annual alimony shall not result in the party with lower annual gross income having in excess of forty per cent of the combined annual gross income of the parties. The calculation for determining the amount of annual alimony set forth in this subsection is neither mandatory nor presumptive and shall supplement but not supersede the factors set forth in subsection (a) of this section. The calculation set forth in this subsection shall not be utilized when the combined annual gross income of the parties exceeds one million dollars. For purposes of this subsection, "gross income" has the same meaning as provided in the child support and arrearage guidelines published pursuant to section 46b-215a, less Social Security taxes or mandatory retirement contributions in lieu thereof, Medicare taxes, including self-employment taxes and court ordered alimony and support obligations for former spouses or children not of the marriage.

(d) The court shall state in its memorandum of decision (1) whether it utilized the calculation set forth in subsection (c) of this section, or (2) if such calculation was not used, the factors, set forth in subsection (a) of this section, that resulted in the court's declining to use such calculation.

[(b)] (e) Any postjudgment procedure afforded by chapter 906 shall be available to secure the present and future financial interests of a party in connection with a final order for the periodic payment of alimony.

Sec. 6. Section 46b-86 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):

(a) Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support, an order for alimony or support pendente lite or an order requiring either party to maintain life insurance for the other party or a minor child of the parties may, at any time thereafter, be continued, set aside, altered or modified by the court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the result of such division. [After the date of judgment, modification of any child support order issued before, on or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of dissolution.] No judgment for the payment of child support shall be nonmodifiable. By written agreement, stipulation or decision of the court, those items or circumstances that were contemplated and are not to be changed may be specified in the written agreement, stipulation or decision of the court. This section shall not apply to assignments under section 46b-81, as amended by this act, or to any assignment of the estate or a portion thereof of one party to the other party under prior law. No order for periodic payment of permanent alimony or support may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for modification of an alimony or support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50. If a court, after hearing, finds that a substantial change in the circumstances of either party has occurred, the court shall determine what amount of alimony, if any, is appropriate after considering the factors set forth in section 46b-82, as amended by this act.

(b) In an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the Superior Court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements [cause such a change of circumstances as to alter the financial needs of that party] have changed the financial circumstances of the alimony recipient. In the event that any final judgment incorporates the agreement of the parties setting forth a provision for modification of the judgment, including suspension, reduction or termination of periodic alimony, based upon the living arrangements of the alimony recipient on terms and conditions other than those set forth in this subsection, the court shall enforce that judgment and modify the judgment, if appropriate, and suspend, reduce or terminate the payment of periodic alimony in accordance with the terms and conditions of the judgment.

[(c)] When one of the parties, or a child of the parties, is receiving or has received aid or care from the state under its aid to families with dependent children or temporary family assistance program, HUSKY Plan, Part A, or foster care program as provided in Title IV-E of the Social Security Act, or when one of the parties has applied for child support enforcement services under Title IV-D of the Social Security Act as provided in section 17b-179, such motion to modify shall be filed with the Family Support Magistrate Division for determination in accordance with subsection (m) of section 46b-231.

Sec. 7. Section 46b-8 of the general statutes is repealed. (Effective October 1, 2013)

Statement of Purpose:

To make revisions to various family law statutes, including, but not limited to, revisions relating to the entry of a decree of legal separation, the use of arbitration, the assignment of property, alimony awards and court processes.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]