By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 10, 2023
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During a divorce, the divorcing couple and the court will need to decide on the division of property. The term "marital property" refers to marital assets (real property and personal property) acquired during the course of the marriage that are shared, excluding items acquired before the marriage and a few other types of property. Ironically, the marital property only becomes an issue when a couple gets divorced and the court must split their belongings.
This article provides a brief overview of marital property laws in Connecticut.
State marital property laws are typically defined by whether they adhere to community property or equitable distribution rules. States that recognize community property usually split belongings right down the middle, absent an agreement by the two parties (prenuptial agreement).
Equitable distribution is more nuanced and seeks to provide each party with what they need based on their earning potential and other factors, such as the length of the marriage, the employability of each spouse, and the vocational skills of both parties. Connecticut courts will look at factors like these to determine the equitable distribution of the marital estate since Connecticut is an equitable distribution state.
See the following chart for more information about Connecticut marital property laws. You can also access FindLaw's section on Divorce and Property for additional relevant articles and helpful resources.
| Community Property Recognized? | No, but the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA) was adopted. (§ 45a-458 et seq. of the Connecticut General Statutes) |
| Dower and Curtesy | No dower or curtesy when the marriage occurred after April 20, 1877 (§ 46b-36) |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Divorce can be a complex, emotionally-taxing process. A divorce attorney can help assess your case and distinguish between marital and separate property. Divorce lawyers will help you navigate your case using relevant Connecticut law. You can contact an experienced Connecticut divorce attorney if you would like legal assistance with a divorce.
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