Ruutel v. Ruutel
A court can find one party at greater fault for the breakdown of the marital relationship, as a result of that party's alleged extramarital affairs. The parties married in April 1983. The wife had a son from a prior relationship that the husband helped to raise. The parties also had two children together. Allegedly, the wife discovered that the husband was contacting a girlfriend on his cell. The husband allegedly admitted that he had three extramarital affairs, and the court found that he has paid the majority of expenses for his current girlfriend, purchased her a diamond ring and traveled with her to Florida. The court found the husband at greater fault for the breakdown of the marital relationship. In 2012, the husband, 53, earned $64,400 as an electrician at Foxwoods Casino. The wife, 60, earned $29,690, working four days per week, as the owner of Special Effects Hair Salon. The wife requested alimony of $350 per week, the marital residence and that the husband sell his motorcycle to help pay for the new windows for the marital residence. The wife maintained that if she had known about the husband's affair at the time of the purchase, she would have selected less expensive windows. The court found that the parties' age, health and status are similar. The wife, who is self-employed and testified that business is steady, possesses the ability to work additional hours and to supplement her income. The court did not award alimony. The court awarded the wife the marital residence and ordered the wife to sell the marital residence, if unable to refinance within one year. The court also awarded the wife 50 percent of the husband's 401(k) and pension and her interests in her business, the timeshare, and the Nissan. The court awarded the husband his Mercedes C300 and his Harley Davidson 2007 Ultra Classic Motorcycle. The wife shall be solely responsible for the loan for the window, which has a balance of $17,000, and she shall hold the husband harmless from debt.