Delmonaco v. Delmonaco
A court may order that one party transfer 50 percent of his interests in his 401(k) to the other party and that the parties share equally any market fluctuations, prior to the transfer. The parties married in October 2000 and have a 17-year-old child. The husband, 53, earns $1,095 gross per week, as a pumper of chemical products at Al Chem. The court found that the wife helped the husband to further his career. The wife, 47, earns $335 gross per week as a cafeteria manager. The court did not find either party at greater fault for the breakdown of the marital relationship. The court awarded joint custody of the minor child, with primary residence with the wife, and liberal visitation with the husband. The court ordered the husband to pay child support of $165 per week, pursuant to an order of immediate wage withholding, and 54 percent of the child's unreimbursed medical expenses. The court kept jurisdiction for the purposes of future education support orders, pursuant to Connecticut General Statutes §46b-56c. The court ordered the husband to pay alimony of $100 per week, as long as he is obligated to pay child support, and then $200 per week, until the wife's death, marriage, civil union or June 1, 2019, whichever takes place first. The court awarded the wife a pension and 50 percent of the husband's 401(k). The court kept jurisdiction over the transfer of the 401(k) and ordered the parties to share equally any market fluctuations, prior to the transfer. "Both parties," wrote the court, "shall immediately execute any and all documents necessary to implement these orders upon the reasonable request of the other party." The court ordered each party to be responsible for that party's debts. The court awarded the wife the Nissan and the husband the Jeep and the motorcycle.