O. A. v. J. A.

Citations

• 342 Conn. 45

Syllabus

The plaintiff sought to dissolve her marriage to the defendant. Thereafter, the defendant filed a cross complaint in which he sought enforcement of a postnuptial agreement that the parties had executed, which set forth terms for the distribution of property and for determining support awards in the event of the dissolution of the parties' marriage. The plaintiff subsequently filed motions for pendente lite alimony, attorney's fees, and expert fees. The trial court, relying on this court's decision in Fitzgerald v. Fitzgerald (169 Conn. 147), concluded that it was not required to determine, prior to deciding the plaintiff's motions, whether the parties' postnuptial agreement was enforceable and deferred its decision on that issue until the end of trial. The court, after considering each party's financial resources and the fact that the plaintiff was com- pletely reliant on the defendant for financial support during the marriage, ordered the defendant to pay the plaintiff pendente lite alimony, attor- ney's fees, and expert fees. The defendant appealed from the trial court's orders, claiming that the trial court incorrectly had determined that it did not need to consider the enforceability of the parties' postnuptial agreement prior to awarding the plaintiff pendente lite alimony and litigation expenses. Held that the trial court properly relied on Fitzgerald and acted within its discretion in deferring its decision on the enforce- ability of the parties' postnuptial agreement until the end of trial, and, accordingly, this court affirmed the trial court's orders: the trial court's broad equitable powers and discretion in deciding matters arising in a dissolution action include the discretion to defer a decision on the enforceability of a marital agreement until the parties have had a full and fair opportunity to litigate all issues in the case at a trial on the merits; moreover, contrary to the defendant's contention that Fitzgerald was distinguishable from the presen