Prior stipulation between spouses, in which wife settled wife’s demand for arbitration as investor in husband’s hedge fund and released “any and all claims” arising out of her investment in fund, did not preclude trial court from considering wife’s investment in the fund when fashioning alimony award to wife; settlement merely released husband from wife’s threatened claims for damages in connection with the fund, nature of alimony was distinct from damages, trial court linked discussion of wife’s jeopardized assets to statutory factor used to determine alimony award, namely wife’s amount and sources of income, and trial court was required to consider wife’s reduced income sources, regardless of whether reduction was attributable to defendant or someone else.
http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR315/315CR6.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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