Emrich v. Emrich

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Emrich v. Emrich

ALECIA EMRICH v. MICHAEL EMRICH
(AC 47619)
Cradle, C. J., and Alvord and Westbrook, Js.

Syllabus

The plaintiff, whose marriage to the defendant previously had been dis-
solved, appealed from the judgment of the trial court granting in part her
postjudgment motions for modification of alimony and for fees and costs.
She claimed, inter alia, that the court failed to properly consider all of the
criteria set forth in the statute (§ 46b-82) governing alimony. Held:

The trial court did not abuse its discretion in granting in part the plaintiff’s
motions to modify alimony and for fees and costs, as the court expressly
stated that it considered the factors set forth in § 46b-82 and its thorough
and well reasoned decision reflected that careful consideration, and, to
the extent that the court did not expressly address certain factors in its
memorandum of decision, it is well settled that it was not required to do so.
Argued April 15—officially released June 24, 2025

Procedural History

Action for the dissolution of a marriage, and for other
relief, brought to the Superior Court in the judicial dis-
trict of Fairfield, where the court, Pinkus, J., rendered
judgment dissolving the marriage and granting certain
other relief in accordance with the parties’ settlement
agreement; thereafter, the court, O’Neill, J., granted in
part the plaintiff’s motions for modification of alimony
and for fees and costs and rendered judgment thereon,
from which the plaintiff appealed to this court.
Affirmed.
Alecia Emrich, self-represented, the appellant (plain-
tiff).
Michael Emrich, self-represented, the appellee
(defendant).
Opinion

PER CURIAM. In this postjudgment dissolution mat-
ter, the plaintiff, Alecia Emrich, appeals from the judg-
ment of the trial court ordering the defendant, Michael
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Emrich v. Emrich

Emrich, to pay alimony to her in the amount of $2125
per month for a period of two years beyond the fourteen
year period set forth in the parties’ dissolution judg-
ment. The plaintiff claims that the court abused its
discretion in issuing that alimony order on the grounds
that it (1) failed to properly consider all of the criteria
set forth in General Statutes § 46b-82; (2) did not ‘‘scruti-
nize the parties’ financial affidavits equally’’; (3) failed
to consider the defendant’s own hand at the depletion
of his property settlement; and (4) erroneously charac-
terized her request for further alimony as a request for
funds to expend on her children versus funds for ‘‘her
benefit’’ to fulfill ‘‘her need to see her children and
grandchildren.’’ (Emphasis omitted.) The plaintiff also
claims that the court abused its discretion by declining
to award additional court costs to her ‘‘as a self-repre-
sented party when she had only $8865.29 left in her bank
account.’’ We affirm the judgment of the trial court.
The following procedural history is relevant to the
plaintiff’s claims on appeal. The marriage of the parties
was dissolved in February, 2008. Under the terms of a
settlement agreement incorporated into the dissolution
judgment, the defendant was obligated to pay the plain-
tiff $8500 per month in alimony until the occurrence of
certain specified events or fourteen years from the date
of dissolution, whichever came first. The agreement
further provided that, in the event that alimony was not
terminated sooner than fourteen years from the date
of the dissolution judgment, ‘‘there shall be a ‘second
look’ which shall be a de novo determination by [the]
court . . . without having to prove changed circum-
stance[s]. At that time, said court shall enter an appro-
priate alimony order, if any, retroactive to the date of
termination, based upon the respective financial cir-
cumstances of the parties and all factors then relevant
in the establishment of alimony orders.’’ In 2009, the
alimony order was modified to $2125 per month due
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Emrich v. Emrich

to a substantial change in the defendant’s financial cir-
cumstances after he lost his job as an attorney at a
Manhattan law firm and ultimately accepted a job in a
nonlegal position.

On May 22, 2023, the plaintiff filed a motion for ali-
mony determination review and modification in accor-
dance with the second look provision of the settlement
agreement. In her motion, the plaintiff asked the court
to ‘‘issue an increased alimony order so that [she] can
maintain her family’s home, enjoy her life and enjoy
her grandchildren.’’ She also asked for ‘‘an increased
alimony order sufficient to allow [her] to maintain her
family’s home and [to pay] her escalating medical
costs.’’

On November 7, 2023, the plaintiff filed a motion
for fees and costs associated with her alimony motion
wherein she claimed costs for ‘‘filing fees, serving fees,
photocopying and office supply expenses’’ in the total
amount of $4781.23 as of that date.1 The plaintiff asked
for reimbursement for those expenses, in addition to
any additional costs incurred by her between the date
of the filing of her motion and the hearing dates.

The court, O’Neill, J., held a four day evidentiary
hearing on the plaintiff’s alimony motion and her associ-
ated motion for fees and costs.2 On March 28, 2024, the
court issued a memorandum of decision on the motions.
At the outset, the court noted that it considered the
factors set forth in § 46b-82 for determining alimony,
such as the age, health, amount and sources of income,
estate and needs of the parties. The court then found
that both the plaintiff, who is fifty-nine years old, and
At the hearing, the plaintiff claimed increased expenses for a total of
1

$6425.04.
2
The court also heard two motions for contempt filed by the plaintiff.
The court’s judgments on those motions have not been challenged on appeal.
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Emrich v. Emrich

the defendant, who is sixty-five years old, are in rela-
tively good health and have accumulated significant
wealth, which should allow them to live comfortably
now and through their retirement years. Regarding the
plaintiff, the court found that she has accumulated sig-
nificant assets and has a net worth of approximately
$2.3 million. The court noted that the overriding theme
at trial was the plaintiff’s claim that the parties’ adult
children like the defendant more because he can spend
more money on them due to his high salary and that
her expressed goal in pursuing an increased alimony
order was to ‘‘level the playing field.’’ The court dis-
agreed with the plaintiff that the defendant should pay
her additional alimony for that reason but agreed that
she needed additional support to pay her expenses for
a limited period of time. The court found that it would
be fair and equitable to extend alimony payments of
$2125 per month for twenty-four months and for the
defendant to receive a credit for payments that he made
after the fourteen year termination date set in the disso-
lution judgment. The court rejected the plaintiff’s argu-
ment that the alimony award should be modifiable as
to the amount and term, finding that it would not be
fair, equitable or reasonable under the circumstances.
The court also granted, in part, the plaintiff’s motion
for fees and costs and awarded her $419.70, which
included a filing fee of $180, a state marshal service fee
of $116.85, and a transcript fee of $122.85.
The plaintiff thereafter filed a motion for reargument
and articulation. The court issued an order articulating
certain matters as requested by the plaintiff. Relevant
to the issues raised by the plaintiff on appeal, the court
articulated: ‘‘The additional annual expenses set forth
on the last pages of the financial affidavits ($6914 and
$8805) do not change the court’s analysis and decision,
or the court’s conclusions and orders, including the
order that the defendant shall pay additional alimony
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Emrich v. Emrich

for a limited period of time. As noted in the decision,
the plaintiff has accumulated significant assets and
reported a net worth of approximately $2.3 million.
After taking into account the relevant statutory factors,
the court finds that the additional support of $2125 over
twenty-four months is fair and equitable under the facts
and circumstances of this case.’’ This appeal followed.
On appeal, the plaintiff asserts several challenges, as
stated previously, to the trial court’s alimony order. ‘‘We
review financial awards in dissolution actions under an
abuse of discretion standard. . . . In order to conclude
that the trial court abused its discretion, we must find
that the court either incorrectly applied the law or could
not reasonably conclude as it did. . . . In determining
whether the trial court’s broad legal discretion is
abused, great weight is due to the action of the trial
court and every reasonable presumption should be
given in favor of its correctness. . . . We apply that
standard of review because it reflects the sound policy
that the trial court has the unique opportunity to view
the parties and their testimony, and is therefore in the
best position to assess all of the circumstances sur-
rounding a dissolution action, including such factors as
the demeanor and the attitude of the parties.’’ (Internal
quotation marks omitted.) Hallock v. Hallock, 228 Conn.
App. 81, 85–86, 324 A.3d 193 (2024).
‘‘The decision of whether to award alimony to a party
rests in the discretion of the trial court after consider-
ation of the statutory factors set forth in § 46b-82. . . .
Stated differently, § 46b-82 governs awards of alimony.
That section requires the trial court to consider the
length of the marriage, the causes for the annulment,
dissolution of the marriage or legal separation, the age,
health, station, occupation, amount and sources of
income, earning capacity, vocational skills, education,
employability, estate and needs of each of the parties
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Emrich v. Emrich

and the award, if any, which the court may make pursu-
ant to [General Statutes §] 46b-81 . . . . In awarding
alimony, [t]he court must consider all of these criteria.
. . . It need not, however, make explicit reference to
the statutory criteria that it considered in making its
decision or make express findings as to each statutory
factor. . . . The trial court may place varying degrees
of importance on each criterion according to the factual
circumstances of each case.’’ (Citation omitted; internal
quotation marks omitted.) Id., 94.
Here, the court expressly stated that it considered
the factors set forth in § 46b-82 and its thorough and
well reasoned decision reflects that careful consider-
ation. To the extent the court did not expressly address
certain factors, it is well settled that it was not required
to do so. We have reviewed the briefs and arguments of
the parties and the extensive record of the proceedings
before the trial court and we conclude that the court’s
order that the defendant pay alimony in the amount of
$2125 for twenty-four months did not constitute an
abuse of its discretion, nor did its order awarding the
plaintiff fees and costs in the amount of $419.70.
The judgment is affirmed.