What Does “No-Fault” Divorce Mean?

Connecticut became a “no-fault” divorce state in 1973, which means that a spouse does not need to establish that one spouse was at fault in order to obtain a divorce.  Rather, a spouse may obtain a divorce on the basis that his or her marriage has irretrievably broken down.  Before 1973, a spouse seeking a divorce was required to prove, among other factors: adultery, habitual intemperance, or intolerable cruelty.  While it is still possible to obtain a divorce on these grounds, it is far easier to obtain a divorce on the basis that the marriage as suffered an irretrievable breakdown. 

Many are under the assumption that this means that a spouse’s fault or contribution to the breakdown of the marriage is irrelevant in a divorce action.  This assumption, however, is incorrect. 

Unlike many other states, Connecticut law considers fault to be relevant, at least insofar as the court’s property division and alimony orders are concerned.  The property division statute allows the court to consider the reasons for the breakdown of the marriage when dividing property between the spouses.  More specifically, Section 46b-81 of the General Statutes requires “[i]n fixing the nature and value of the property , if any, to be assigned. . . [to] consider. . . the causes for the annulment, dissolution of the marriage or legal separation,” among other factors.  Section 46b-82 of the General Statutes, i.e., the alimony statute, requires the court to make the same consideration before entering an alimony order.  Conduct that was found by the courts to have contributed to the breakdown of a marriage includes: extramarital affairs, improper spending, depletion of marital assets, alcohol abuse or drug addiction, and abusive behavior.

The lawyers at Ferro, Battey & Eucalitto, LLC are skilled at making and defending against fault claims.  For more information about how fault could impact the division of property or alimony orders in your case, contact Ferro, Battey & Eucalitto, LLC.