The question of whether a party to a divorce action is entitled to an award of alimony and if so, the amount of the award, is left to the sound discretion of the Superior Court. Connecticut law does not provide for a formula to determine the amount of an alimony award. The statute which provides for an award of alimony requires that the Superior Court consider many factors when determining whether to award alimony and how much. While the Court must consider all the factors, there is no requirement that each factor be specifically listed in a decision, and the Court in its exercise of its broad discretion can place whatever weight it sees fit on each specific factor—some of the factors weigh more heavily than others in the Court’s analysis.

Ultimately, the Court must act equitably when making alimony determinations. However, many people confuse the term “equitable” with the term “equal.” The terms are not synonymous. The term “equal” means in the same share, whereas “equitable” denotes the concept of fairness as opposed to a simple formula. The term “equitable” is synonymous with the term “fair.” The Court’s inherent power to act equitably is a cornerstone of Connecticut law. This power is applied on a case-by-case basis, as no two divorces, indeed, no two marriages are identical. The Connecticut Appellate Court recently wrote that “we conclude in the present case, on the basis of the record before us, that the goal of fairness required the [trial] court to award. . .some form of alimony.” As part of the Court’s analysis when determining alimony, each party’s allocated property is considered, and the Court has described a divorce court’s orders on finances, which includes, inter alia alimony orders, as a “mosaic,” with each piece interdependent on the other.

A Court may consider a claim to modify a prior alimony award (1) to the extent the prior alimony award does not preclude modification; and (2) if there can be established a substantial change in the circumstances of the parties since the last alimony order.

When making the decision to hire counsel to defend or prosecute your interests in a divorce, it is important to hire an attorney that understands complicated alimony issues, including an understanding of complicated compensation agreements; the needs of the parties and their children, both present and post divorce; and recent developments in the law as it pertains to the award of alimony. It is important to hire an attorney with experience both prosecuting and defending claims for alimony. It is important to hire an attorney who will give you honest advice about your prospects at a contested hearing.