System
Equitable Distribution
Division Standard
Judge decides what's fair

What the Law Says

Connecticut courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Connecticut is an all-property equitable distribution state: C.G.S. §46b-81(a) lets the court assign to either spouse all or any part of the estate of the other, whether acquired before or during the marriage, with no presumption of equal division. §46b-81(c) directs the court to consider the length of the marriage; the causes for the dissolution (fault is relevant); each party's age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, liabilities, and needs; each party's opportunity for future acquisition of capital assets and income; and each party's contribution to the acquisition, preservation, or appreciation in value of the respective estates.

Division Factors (Conn. Gen. Stat. §46b-81)

What Connecticut courts weigh:

  1. Length of the marriage (§46b-81(c))
  2. Causes for the annulment, dissolution of the marriage, or legal separation, including fault
  3. Age and health of each party
  4. Station and occupation of each party
  5. Amount and sources of income of each party
  6. Earning capacity, vocational skills, education, and employability of each party
  7. Estate, liabilities, and needs of each party
  8. Opportunity of each party for future acquisition of capital assets and income
  9. Contribution of each party to the acquisition, preservation, or appreciation in value of their respective estates

Common Questions

Connecticut: community property or equitable distribution?

Equitable distribution. Under Conn. Gen. Stat. §46b-81, the court divides marital property based on what is fair in the circumstances — there is no fixed or presumed percentage split.

What factors does a Connecticut court weigh?

The factors Connecticut courts weigh include: Length of the marriage (§46b-81(c)); Causes for the annulment, dissolution of the marriage, or legal separation, including fault; Age and health of each party. The full list, with its source (Conn. Gen. Stat. §46b-81), is above.

Does Connecticut split retirement accounts in a divorce?

Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).

ClearSplit runs Connecticut's equitable distribution rules on your actual assets and debts.

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Source: Conn. Gen. Stat. §46b-81 AI draft · Full law library entry