The mission of the Connecticut Judicial Branch is to serve the interests of justice and the public by resolving matters brought before it in a fair, timely, efficient and open manner.

Family Law Appellate Court Opinion

by Townsend, Karen

 

AC46484 - Netter v. Netter (Dissolution of marriage; equitable distribution pursuant to § 46b-81; spendthrift trusts; Connecticut Qualified Dispositions in Trust Act § 45a-487j et seq. “On appeal, the defendant claims that the court improperly (1) treated trust assets from four separate trusts as marital property under General Statutes § 46b-812 and ordered the defendant to make a lump sum property distribution to the plaintiff using funds from those trusts, (2) calculated his earning capacity and relied on that ‘astronomical’ calculation to set ‘unachievable child support and alimony orders,’ (3) ordered the defendant to secure and maintain a $5,000,000 life insurance policy, (4) ordered the defendant to pay $3,300,000 in attorney’s fees to the plaintiff, (5) valued the assets within the marital estate, including, but not limited to, the trust assets, (6) faulted him for the breakdown of the marriage and awarded the plaintiff sole legal custody of the parties’ two, then minor, children, and (7) issued a vague and imprecise order that allows the plaintiff unrestricted access to the parties’ former marital residence in order to retrieve her personal property in violation of his constitutional rights. Because we conclude that the court improperly determined that trust assets from one of the four trusts—i.e., the spend-thrift trust the defendant’s father created for the defendant’s benefit, prior to the marriage—constituted divisible marital property, and ordered the defendant to make distributions to the plaintiff from that trust, we reverse the judgment of the trial court with respect to all the financial orders and remand this case for a new trial on all financial issues consistent with this opinion, with the exception of the personal property distribution order that gives rise to the property access order. We affirm the judgment of the court as to the custody order insofar as it pertains to the parties’ remaining minor child and as to the property access order.”)