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