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.”)