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Separate Property

Unlike many other equitable distribution states, Connecticut does not recognize any assets as “separate property,” meaning assets that are exempt from distribution in a divorce. Connecticut is an “All Property” state, which means that any asset owned by you or your spouse is subject to division in a divorce, regardless of how or when the asset was acquired.

However, it is important to understand that under “equitable distribution” law, assets are not automatically divided equally between divorcing spouses, as many people incorrectly assume. Instead, courts have the discretion to distribute assets between divorcing spouses in any manner the Court deems to be fair, and in determining fairness, court’s will consider factors such as how and when a particular asset was acquired.

Accordingly, as a practical matter, Connecticut divorce Courts will sometimes award one spouse a greater portion, or in some cases the entirety of assets that you may have otherwise thought of as your “separate property,” such as assets that you came to the marriage with, assets were gifted to you, or assets that you may have inherited.

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