Manchester, CT asked in Divorce and Family Law for Connecticut

Q: I live in CT. Is there any law preventing me from giving my wife everything in a divorce?

Related Topics:
1 Lawyer Answer
Linda Ann Subbloie
Linda Ann Subbloie
  • New Haven, CT
  • Licensed in Connecticut

A: No there is not.

However, keep in mind that in the event the state of Connecticut may have a lien for medicaid benefits against your wife's assets, they may be able to confiscate whatever you give her. This holds true for any other creditors who may have claim to your wife's assets or income.

Furthermore, if you want to give all of the marital assets to your wife to avoid creditors on your part, this could be considered a fraudulent transfer. This means that if a creditor challenged the transfer it could be reversed if the creditor could prove that you made the transfer to avoid the creditor's claim against you. You would have to prove that you gave all of the marital assets for some reason other than to avoid the creditors. If you have a lot of creditors, this is a tough burden to prove.

Otherwise, if you do want to give your wife all of the assets of the marriage, the court will have to APPROVE this settlement as FAIR AND REASONABLE under the circumstances. You will have to convince a court why that is so.

The court may not do that unless it has the ability to ask you questions and hear your answers in person. Since divorces now can be finalized without in-person appearances in court, a judge may not approve such a settlement without you appearing in person so the judge can ask why you want to settle the case in this way. Therefore, if you do decide to give your spouse all of the assets of the marriage, you may want to consider appearing in person in court to finalize the case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.