Litigation

Where a spouse fails to represent the value of a business properly at trial and the wronged spouse establishes a substantial likelihood that the outcome of a new trial might be different, a new trial will be granted. Weinstein v. Weinstein, SC 17097, Supreme Court of Connecticut, October 4, 2005.

The husband and wife were married for 7 years. The wife then sought dissolution of the marriage, and a trial was held on the distribution of the assets. At issue was the value of the husband's share of a business called Product Technologies. The husband claimed on his financial statement of net worth that at the time of the dissolution proceedings his interest in Product Technologies was only $40,000. Five months after the entry of judgment of the dissolution, the husband sold Product Technologies and received $1.45 million. The wife then filed an application to open and vacate the judgment of divorce based upon the husband's fraudulent assertion that his share of Product Technologies was worth approximately $40,000. The trial court denied the wife's application, and the appellate court affirmed. It held that the wife did not show clear and convincing evidence that the husband had committed fraud. It held that the husband's duty to disclose evidence ended at the conclusion of discovery and did not continue to the time of dissolution of the marriage.