Protecting Separate Property in Connecticut

Connecticut follows an "all-property" equitable distribution model. Under C.G.S. § 46b-81, the court "may assign to either spouse all or any part of the estate of the other spouse"—meaning everything you own is potentially divisible, regardless of when or how you acquired it. This differs from most states that exclude premarital property or gifts. Whether you're navigating an uncontested or contested divorce, understanding Connecticut's unique framework is essential.

The All-Property Model Explained

Connecticut does not distinguish between "marital" and "separate" property for purposes of what can be divided. Under § 46b-81, the court has broad discretion over all assets owned by either spouse at dissolution. Key principles:

• Title is not controlling: Assets can be assigned regardless of whose name is on the deed or account
• No automatic exclusions: Premarital property, gifts, and inheritances are all within the court's reach
• Source matters for equity: While not dispositive, the source of property is one factor courts consider

Wendt v. Wendt (2000) confirmed that Connecticut's all-property scheme "does not limit, either by timing or method of acquisition or by source of funds, the property subject to a trial court's broad allocative power."

Statutory Factors That Protect Your Assets

Although everything is divisible, the court must consider specific factors under § 46b-81(c) that can work in your favor:

• Contributions to acquisition: Courts often award more of a gifted or inherited asset to the recipient spouse (Wood v. Wood, 2015)
• Length of marriage: Shorter marriages may see less division of premarital assets
• Cause of dissolution: Connecticut is one of few states where fault can affect property division
• Future opportunity: Each spouse's ability to acquire future assets and income

The statutory factors give you leverage to argue that premarital or inherited property should remain largely with you—but it's not automatic.

Post-Separation Appreciation: The Martin Rule

One area where you can gain significant protection is post-separation appreciation. Under Martin v. Martin (2007):

• Maintaining spouse gets appreciation: If you solely maintained, paid for, and improved an asset after separation, courts may award that appreciation to you
• Valuation at dissolution: Assets are valued at the decree date, not separation
• Document your efforts: Keep records of mortgage payments, repairs, and improvements made after separation

This creates an important strategy: if you separately maintain an asset after separating, you may retain its post-separation growth.

Expectancies Are Excluded

Connecticut does exclude certain interests from the divisible estate. Under Rubin v. Rubin (1987) and D.S. v. D.S. (2025):

• Future inheritances: A "bare hope" of succession is not divisible property
• Revocable trust remainders: Interests that can be unilaterally terminated by another party
• Unfunded retirement promises: Discretionary benefits the employer can modify or terminate

Key distinction: Once an inheritance is actually received, it becomes part of the divisible estate. Only the expectation of receiving it in the future is protected.

Tracing and Documentation

While Connecticut doesn't require formal tracing to classify property, documenting the source of your assets strengthens your equitable arguments:

• Keep separate accounts: Maintaining inherited or premarital funds in separate accounts makes source identification easier
• Preserve documentation: Wills, probate records, gift letters, and pre-marriage account statements
• Track improvements: Document what marital vs. separate funds paid for any improvements

Courts using functional tracing will consider this evidence when determining what is equitable.

Estimate Your Connecticut Divorce Costs

Property disputes in Connecticut's all-property system can increase legal costs. Connecticut filing fees are approximately $360. Use our calculator to estimate your total expenses:

Protection Strategies

• Document the source: Keep records proving premarital ownership, gifts, or inheritance
• Maintain assets separately post-separation: Pay all carrying costs yourself to support a Martin argument
• Avoid commingling: Don't mix inherited funds with joint accounts
• Consider a prenuptial agreement: Written contracts can clarify expectations and limit the court's discretion
• Don't wait for inheritance distributions: Expectancies are protected; received inheritances are not
• Be prepared to argue equities: Build a case using statutory factors that favor keeping your property

Key Takeaways

• All-property state: Everything is potentially divisible under § 46b-81
• Source is a factor, not a shield: Courts consider but are not bound by property origin
• Statutory factors help: Contributions, marriage length, and fault affect allocation
• Post-separation appreciation: Martin rule can protect growth you create alone
• Expectancies excluded: Future inheritances are not divisible until received
• Documentation matters: Tracing evidence strengthens your equitable arguments

For the complete Connecticut property division guide and divorce timeline, see our detailed resources. For official forms, visit the Connecticut Judicial Branch Family Forms page.