Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Christine Pasciolla v. James Pasciolla
Date: 01-14-2025
Case Number: AC4576
Judge: Donnell
Court: Superior Court, New Haven County, Connecticut
Plaintiff's Attorney:
Click Here For The Best New Haven Family Law Lawyer Directory
Defendant's Attorney:
Click Here For The Best New Haven Family Law Lawyer Directory
Description:
New Haven, Connecticut family law lawyers represented the parties in a divorce.
The plaintiff and the defendant were married on January 25, 1981. On March 24, 1998, the plaintiff commenced the present action seeking a dissolution of the marriage on the ground that the marriage had broken down irretrievably. On November 6, 1998, the court, Dunnell, J., issued a memorandum of decision rendering a judgment of dissolution and incorporating into the judgment a separation agreement executed by the plaintiff and the defendant.[1] Section 9 of the parties' separation agreement provides in relevant part: ''The defendant . . . shall pay to the plaintiff . . . the sum of . . . $700 . . . per week as alimony for the duration of the plaintiff's life. Said [a]limony shall terminate only upon the occurrence of one of the following events: a) the plaintiff's remarriage; b) the plaintiff's cohabitation as
defined by [s]tatute; or c) the plaintiff's death.''[2] The plaintiff's original award of $700 per week in alimony was later modified to $540 per week, and once more to $300 per week (alimony award).
* * *
Legal issue Does an executrix of a deceased spouse's estate have standing to seek a postjudgment modification of alimony?
Headnote
FAMILY LAW. DISSOLUTION OF MARRIAGE AND ALIMONY MODIFICATION. The case concerns an appeal by the executrix of a deceased defendant's estate in a marriage dissolution proceeding, challenging the dismissal of her motion to modify a postjudgment alimony award. The court had to determine whether the executrix had standing to seek modification of alimony awarded to the plaintiff, amidst arguments concerning direct and derivative harm and the continuation of alimony obligations against the deceased's estate. The appellate court held that the executrix had standing, as she "stands in the shoes" of the deceased to assert the interests of the estate, reversing the trial court's judgment and remanding for further proceedings.
Key Phrases Postdissolution matter. Alimony award modification. Defendant's estate. Separation agreement provisions. Lack of standing.
The plaintiff and the defendant were married on January 25, 1981. On March 24, 1998, the plaintiff commenced the present action seeking a dissolution of the marriage on the ground that the marriage had broken down irretrievably. On November 6, 1998, the court, Dunnell, J., issued a memorandum of decision rendering a judgment of dissolution and incorporating into the judgment a separation agreement executed by the plaintiff and the defendant.[1] Section 9 of the parties' separation agreement provides in relevant part: ''The defendant . . . shall pay to the plaintiff . . . the sum of . . . $700 . . . per week as alimony for the duration of the plaintiff's life. Said [a]limony shall terminate only upon the occurrence of one of the following events: a) the plaintiff's remarriage; b) the plaintiff's cohabitation as
defined by [s]tatute; or c) the plaintiff's death.''[2] The plaintiff's original award of $700 per week in alimony was later modified to $540 per week, and once more to $300 per week (alimony award).
* * *
Legal issue Does an executrix of a deceased spouse's estate have standing to seek a postjudgment modification of alimony?
Headnote
FAMILY LAW. DISSOLUTION OF MARRIAGE AND ALIMONY MODIFICATION. The case concerns an appeal by the executrix of a deceased defendant's estate in a marriage dissolution proceeding, challenging the dismissal of her motion to modify a postjudgment alimony award. The court had to determine whether the executrix had standing to seek modification of alimony awarded to the plaintiff, amidst arguments concerning direct and derivative harm and the continuation of alimony obligations against the deceased's estate. The appellate court held that the executrix had standing, as she "stands in the shoes" of the deceased to assert the interests of the estate, reversing the trial court's judgment and remanding for further proceedings.
Key Phrases Postdissolution matter. Alimony award modification. Defendant's estate. Separation agreement provisions. Lack of standing.
Outcome:
Reversed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Christine Pasciolla v. James Pasciolla?
The outcome was: Reversed
Which court heard Christine Pasciolla v. James Pasciolla?
This case was heard in Superior Court, New Haven County, Connecticut, CT. The presiding judge was Donnell.
Who were the attorneys in Christine Pasciolla v. James Pasciolla?
Plaintiff's attorney: Click Here For The Best New Haven Family Law Lawyer Directory. Defendant's attorney: Click Here For The Best New Haven Family Law Lawyer Directory.
When was Christine Pasciolla v. James Pasciolla decided?
This case was decided on January 14, 2025.