Levene v. Levene
Dissipation in the marital dissolution context requires financial misconduct involving marital assets, such as intentional waste or a selfish financial impropriety, coupled with a purpose unrelated to the marriage, pursuant to Gershman v. Gershman, a 2008 decision of the Connecticut Supreme Court. The parties met when they both worked at IBM. They married in 2002 and have one child. The wife, who is frugal and does not drink alcohol, alleged that the husband spent $7,744 on alcohol over a 24-month period and displayed an interest in other women. The husband, 44, recently lost his job. The wife, 51, rose to a high level at IBM and handled the parties' finances extremely well. Although evidence existed that as the marriage deteriorated, the husband's use of alcohol allegedly became excessive, and that he spent more when the wife ceased to monitor his purchases, the wife failed to prove that the husband dissipated assets. Even though the husband became less frugal, "[t]he Court cannot conclude," wrote the court, "that some type of improper conduct such as gambling, spending money on a girlfriend, or transfer of an asset to another occurred." The court awarded the husband alimony of $750 per week, until the husband's death, marriage or Sept. 26, 2019, whichever takes place first. The court suspended the husband's payment of child support until he obtains another job or March 1, 2014. The court ordered the wife to maintain health insurance for the minor child. The court kept jurisdiction for the purposes of post-majority education support. The court awarded the wife credits for premarital assets and the husband's $15,000 loan from his 401(k). The court equally divided the remaining assets. The court awarded the wife the marital residence and ordered the wife to pay the husband $44,507, as a lump sum payment. The court ordered the wife to transfer to the husband $151,681 from the wife's IBM stock and 401(k). The court awarded the wife the Acura and the husband the Honda.