Connecticut Marital Property Division Guide

Connecticut is an "all-property" state—one of the broadest approaches to property division in the country. Under C.G.S. § 46b-81, courts can divide virtually everything owned by either spouse at the time of divorce, regardless of when or how it was acquired. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

The "All-Property" Approach

Unlike states that distinguish between marital and separate property, Connecticut puts everything into the marital pot:

• Assets acquired before marriage
• Inheritances and gifts to one spouse
• Property acquired during marriage
• Retirement benefits—both vested and unvested
• Personal injury awards

This doesn't mean everything will be divided equally—or that your inheritance will automatically be split. It means the court can consider all assets when crafting an equitable outcome.

Equitable Doesn't Mean Equal

Many people assume divorce means a 50/50 split. In Connecticut, "equitable" means fair under your specific circumstances—which may or may not be equal:

• A 60/40 or 70/30 split is possible if circumstances warrant
• Courts have broad discretion to achieve fairness
• Each case turns on its individual facts

Statutory Factors Courts Consider

Under § 46b-81, Connecticut courts evaluate multiple factors:

• Length of the marriage
• Age and health of each spouse
• Station (social and economic standing)
• Occupation and income of each party
• Vocational skills and employability
• Each party's liabilities
• Special needs of either spouse
• Future earning capacity
• Contributions—both financial and as a homemaker

The source of property (inheritance, gift, premarital) is one factor—but not determinative. Courts weigh all factors together.

Vested and Unvested Interests

Following the Connecticut Supreme Court's ruling in Bender v. Bender (2001), "property" includes both vested and unvested interests. This means:

• Unvested pension benefits can be divided
• Stock options that haven't yet vested may be included
• Courts value these on a case-by-case basis

However, "mere expectancies"—future interests that are too speculative—don't qualify as property.

Dissipation of Assets

Connecticut courts can consider evidence that a spouse wasted marital assets when making property decisions. This applies when:

• Actions occurred in contemplation of divorce
• The marriage was in serious jeopardy
• The marriage was undergoing irretrievable breakdown

The Family Home

Courts may award real property to either spouse or order its sale. Learn more about who gets the house in a divorce.

Estimate Your Connecticut Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding Connecticut's all-property system is essential for protecting your interests. Key takeaways:

• Connecticut is an "all-property" state—courts can divide any asset
• Equitable means fair, not necessarily equal
• Courts consider multiple statutory factors
• Both vested and unvested interests count as property
• Dissipation of assets can affect the division

For official forms and court information, visit the Connecticut Judicial Branch. Review the Connecticut divorce timeline to understand the process. Consulting with a Connecticut family law attorney is strongly recommended.