SHELDON, J.
In this marital dissolution appeal, we must determine the effect on certain orders issued in a dissolution decree when a motion for reconsideration of other orders associated with that decree is filed. The defendant, David Grimes, claims that the trial court erred in holding that the parties' marital assets must be valued as of the date on which the dissolution decree was entered. Specifically, the defendant argues that, even though both he and the
The following factual and procedural history is relevant to the resolution of this appeal. On May 9, 2008, following a contested trial, the court issued a memorandum of decision dissolving the parties' marriage. The court therein issued the following order regarding the division of marital assets: "The assets of the parties shall be divided so that the plaintiff retains 50% of the total value and the defendant retains 50% of the total value. . . ." The court then listed each of the parties' assets, which included real estate and various financial accounts, and assigned a monetary value to each asset as the net equity from the asset to be distributed to each party.
On May 23, 2008, the plaintiff filed a "motion for clarification" of the dissolution decree seeking a "clarification as to whether [the financial] accounts were to be divided in the precise amount[s] set forth in the schedule included in the court's [May 9, 2008] memorandum of decision, or whether one or more of the financial accounts were to be divided according to percentages, taking into account market changes that occurred from the time of the closing of the evidence to the date of judgment and/or to the date of distribution." On May 29, 2008, the defendant filed a "motion to reargue, correct and clarify" the dissolution judgment, asking therein for the court to clarify certain of its orders and to reconsider others. By way of clarification, the defendant, like the plaintiff, asked the court to clarify its order regarding the division of the parties' marital assets, specifically, their financial accounts. The defendant claimed that two of his 401k accounts had declined in value "due to a decline in the stock market since the [dissolution] hearing," and "submit[ted]" that the order regarding the division of those accounts should be "based on [the] actual May 9th values" of those accounts. Apart from his request for clarification, the defendant asked the court to reconsider or correct other unrelated orders issued at the time of the decree. The defendant asked the court, inter alia, to reconsider and shorten the duration of the alimony award; to reconsider its unallocated child support and alimony award to provide for changes as each child reaches the age of majority; and to issue new orders regarding the expenses associated with the children's extracurricular activities and their medical and dental expenses.
On December 15, 2008, the court issued a "clarification of the [May 9, 2008] memorandum of decision," in which it stated: "The plaintiff seeks clarification as to whether the order dividing investment assets of the parties are to be divided according to percentages taking into account market fluctuations occurring from the time of the closing of evidence to the date of judgment and/or to the date of distribution. The assets are to be divided according to percentages taking into account market fluctuations to the date of judgment." In response to the defendant's request for reargument, the court declined to change the term of alimony; agreed that the unallocated award should decrease by $3000 per month as each child reaches the age of majority, yet declined to address the issue of the cost of the baby-sitter; agreed that the plaintiff should pay for the expenses related to the children's extracurricular activities; and eliminated the order requiring the defendant to maintain medical and dental insurance for the children, but ruled that it could be modified in the event that there is no coverage in the future. As to the defendant's claims regarding the division of the parties' assets, the court held that the defendant should be credited with $20,000, as the defendant had requested.
Thereafter, on January 12, 2010, the plaintiff filed a request for "articulation that the date of judgment is the date upon which the court's original memorandum of decision was filed, namely May 9, 2008." The plaintiff claimed that an articulation in this regard was necessary because "the defendant continue[d] to resist division of the [financial] accounts, claiming that the date of judgment is a date upon which the court ruled on various postjudgment motions for clarification and reargument." The defendant summarily objected to the plaintiff's motion "[i]n light of [the] plaintiff's improper averments" contained therein, and sought oral argument on the issue. The court held a hearing on February
The sole issue for our determination in this appeal is whether the court properly held that the appropriate date of valuation of the parties' marital assets, for purposes of the distribution of those assets, was the date of its original decree, May 9, 2008. This issue is well settled and is controlled by our Supreme Court's ruling in Sunbury v. Sunbury, 216 Conn. 673, 676, 583 A.2d 636 (1990), in which the court held that, in a marital dissolution action, the date of valuation of marital assets is the date that the dissolution decree is rendered. In Sunbury, following an appeal from a judgment of dissolution, the court remanded the case to the trial court for a redetermination of the financial orders because it had incorrectly calculated the husband's income. Id., at 674-75, 583 A.2d 636. In the time period between the date of dissolution and the proceedings on remand, the value of the husband's profit sharing plan had quadrupled. Id., at 675-76, 583 A.2d 636. Consequently, the wife appealed from the trial court's new financial orders, arguing that it should have valued the parties' assets as of the date of remand, rather than the date of dissolution. Id., at 675, 583 A.2d 636. Our Supreme Court rejected the wife's claim, holding that: "The division of property . . . in dissolution proceedings [is] governed by General Statutes [§] 46b-81 (a). . . . Section 46b-81 (a) provides in part: At the time of entering a decree . . . dissolving a marriage . . . the superior court may assign to either the husband or wife all or any part of the estate of the other. . . . The only temporal reference in the enabling legislation refers us to the time of the decree as controlling the entry of financial orders. It is neither unreasonable nor illogical, therefore, to conclude that the same date is to be used in determining the value of the marital assets assigned by the trial court to the parties. In the absence of any exceptional intervening circumstances occurring in the meantime, [the] date of the granting of the divorce would be the proper time as of which to determine the value of the estate of the parties upon which to base the division of property. . . . An increase in the value of the property following a dissolution does not constitute such an exceptional intervening circumstance. . . . To the extent that the [wife] seeks consideration of a postdecree appreciation in the value of property, such appreciation, having occurred after the termination of the marriage, is no longer a marital asset."
The defendant argues that Sunbury is distinguishable from this case because he had filed a postjudgment motion for reconsideration which, he contends, rendered the initial May 9, 2008 judgment invalid. Here, however, the parties did not seek reargument or reconsideration of the court's order dividing the parties' marital assets, but, rather, sought a clarification of the court's order regarding the value of the parties' financial accounts. Practice Book § 63-1(c)(1) provides in relevant part: "Motions that, if granted, would render a judgment, decision or acceptance of the verdict ineffective include, but are not limited to, motions that seek: the opening or setting aside of the judgment; a new trial; the setting aside of the verdict; judgment notwithstanding the verdict; reargument of the judgment or decision; collateral source reduction; additur; remittitur; or any alteration of the terms of the judgment.
"Motions that do not give rise to a new appeal period include those that seek: clarification or articulation, as opposed to alteration, of the terms of the judgment or decision; a written or transcribed statement of the trial court's decision; or reargument of a motion listed in the previous paragraph."
"[T]he purpose of a clarification is to take a prior statement, decision or order and make it easier to understand. Motions for clarification, therefore, may be appropriate where there is an ambiguous term in a judgment or decision . . . but, not where the movant's request would cause a substantive change in the existing decision. Moreover, motions for clarification may be made at any time and are grounded in the trial court's equitable authority to protect the integrity of its judgments." (Citation omitted.) In re Haley B., 262 Conn. 406, 413, 815 A.2d 113 (2003).
The defendant acknowledges that he, like the plaintiff, sought only a clarification of the court's May 9, 2008 order dividing the parties' financial accounts. He admits that neither he nor the plaintiff sought reconsideration of that order. In fact, the
We first note that the defendant has provided no authority,
The case at hand involves the valuation of the parties' marital assets. The court derives its authority to divide marital assets solely from the statute, which provides that a court may do so at the time of the entering of a decree dissolving the marriage. Thus, it stands to reason that the date on which the values of those assets must be determined is the date of the decree, for anything that occurs subsequent to that date is simply not relevant to the value of the marital assets. Accordingly, the court properly determined that the date of valuation of the parties' assets is the date of dissolution, May 9, 2008.
The judgment is affirmed.
In this opinion the other judges concurred.