KELLER, J.
The trial court previously rendered judgment dissolving the marriage of the plaintiff, Eric P. Sousa, and the defendant, Donna M. Sousa. The defendant now appeals from the judgment of the trial court denying two motions to vacate a prior judgment that modified, by stipulation, a portion of the judgment of dissolution that ordered that the plaintiff's pension benefits be divided equally between the parties. She claims that the court erred by denying her first motion to vacate because it erroneously concluded that she did not meet her burden to prove by clear and convincing evidence that the plaintiff fraudulently failed to disclose the accurate value of his employee pension plan in his financial affidavit. In addition, she claims that the court erred by denying her second motion to vacate because it erroneously concluded that it had subject matter jurisdiction to modify the order in the judgment of dissolution dividing the plaintiff's pension benefits equally between the parties. We reverse the judgment of the court as to its denial of her second motion to vacate for lack of subject matter jurisdiction, which also renders the court's denial of her first motion to vacate void.
The following facts, as found by the court, and procedural history are relevant here. "After a fourteen year marriage, the parties were divorced in an uncontested proceeding on December 19, 2001. Both parties were represented by counsel. The parties exchanged extensive discovery and participated [with] a special master pretrial.
"A separation agreement was prepared and executed which, among other things, provided that the plaintiff's borough of Naugatuck police pension be divided equally via a Qualified Domestic Relations Order (QDRO).
"Approximately two years after the divorce, the defendant began cohabitating with Tom Spivak, now her husband. Upon becoming aware of the situation, the plaintiff informed the defendant that she was in violation of their divorce agreement and that he would be seeking to terminate the alimony. After some discussion, the defendant informed the plaintiff that she desired to finish her education leading to a teaching degree, higher income and [her own] pension but would need the alimony
"After the conclusion of the five year alimony period established by the terms of the separation agreement, the plaintiff filed a motion to modify judgment in accordance with stipulation ... to have the full pension returned to him. By agreement, his counsel prepared the motion and the accompanying stipulation, which was signed by both parties and submitted to the court for approval. Both parties appeared in court before Judge Robert Resha on January 2, 2007, the plaintiff with counsel and the defendant appear[ing] as a self-represented litigant.
"During the hearing, Judge Resha canvassed the defendant, asking if she had reviewed the terms and conditions of the stipulation with a family relations officer, to which she replied in the affirmative. The terms of the stipulation were then read into the record. The judge then asked her why she was entering into this agreement, which waived her right to receive any portion of the plaintiff's pension. To her credit, the defendant truthfully replied that it was her idea, pursuant to an agreement entered into three years earlier that provided that the plaintiff would not cease alimony payments and she would relinquish her portion of his pension.
"Judge Resha further asked the defendant if she understood that once she relinquishe[d] any right to the pension it [would] not be able to be addressed by the court in the future — that it would be [the plaintiff's] from that point on. She once again answered in the affirmative. The judge then asked if she was comfortable entering into the agreement without the benefit of an attorney. Again she answered in the affirmative. The court then made a finding that the stipulation was warranted, accepted it and made it a final order of the court. No appeal was ever taken.
"Four years after the entry of the order, [on] March 31, 2011, the defendant filed her [first] motion to open and vacate judgment.... In that motion, the defendant allege[d] that the modification [in 2007] was secured by fraud on the part of the plaintiff. On November 2, 2011, the defendant filed a [second] motion to vacate the January 2, 2007 order ... this time claiming that the court [in 2007] lacked jurisdiction to enter such an order. On November 9, 2011, the defendant filed a motion for counsel fees postjudgment.... The matter was heard by the court [Hon. Lloyd Cutsumpas, judge trial referee] on January 14, 2014. Both parties were represented by competent counsel, who filed well written posttrial briefs and zealously represented their clients as required by the oath of their office." (Footnotes altered.)
On February 25, 2014, the court issued a memorandum of decision denying all three of the defendant's motions.
Regarding her second motion to vacate, the court rejected her argument that, in 2007, it lacked subject matter jurisdiction to modify the order in the judgment of dissolution dividing the plaintiff's pension benefits equally between the parties. The court quoted General Statutes § 52-212a,
We first consider the defendant's claim that the court improperly denied her second motion to vacate because it is dispositive of this appeal. Specifically, she asserts that the court erred in concluding that, in 2007, it had subject matter jurisdiction to modify the order in the judgment of dissolution dividing the plaintiff's pension benefits equally between the parties. In support of her claim, she cites multiple authorities setting forth the well established principle that, pursuant to General Statutes § 46b-81, a court must enter property distribution orders at the time of dissolution and, generally, cannot subsequently modify those orders. Furthermore, she asserts that the court erred in relying on § 52-212a to establish its jurisdiction because that statute applies solely to motions to open, and
We begin by setting forth the relevant standard of review. "[B]ecause [a] determination regarding a trial court's subject matter jurisdiction is a question of law, our review is plenary." (Internal quotation marks omitted.) Buehler v. Buehler, 138 Conn.App. 63, 70, 50 A.3d 372 (2012).
It is well settled that "[c]ourts have no inherent power to transfer property from one spouse to another; instead, that power must rest upon an enabling statute.... The court's authority to transfer property appurtenant to a dissolution proceeding rests on ... § 46b-81.
Here, because pension benefits are considered to be property distributable under § 46b-81 (a); see Cifaldi v. Cifaldi, 118 Conn.App. 325, 331, 983 A.2d 293 (2009); the court, at the time of dissolution, awarded the defendant one half of the plaintiff's pension benefits, pursuant to the parties' separation agreement, which it incorporated into the judgment of dissolution. Neither party filed a motion to open, either within four months of the judgment of dissolution or on the basis of fraud, requesting a modification of the order regarding the plaintiff's pension benefits. Therefore, by subsequently modifying the order dividing the plaintiff's pension benefits equally between the parties, the court
Furthermore, the court erred in relying on § 52-212a to determine that it had subject matter jurisdiction. "[Section] 52-212a ... provides in relevant part: Unless otherwise provided by law and except in such cases in which the court has continuing jurisdiction, a civil judgment or decree rendered in the Superior Court may not be opened or set aside unless a motion to open or set aside is filed within four months following the date on which it was rendered or passed.... This statutory limitation operates as a constraint, not on the trial court's jurisdictional authority, but on its substantive authority to adjudicate the merits of the case before it." (Internal quotation marks omitted.) Ramos v. J.J. Mottes Co., 150 Conn.App. 842, 845, 93 A.3d 624 (2014). Section 52-212a does not confer jurisdiction on a court; rather, it permits parties to waive the statutory deadline imposed on the filing of motions to open and to submit to jurisdiction otherwise conferred on a court by statute. See Kim v. Magnotta, 249 Conn. 94, 104, 733 A.2d 809 (1999). As we discussed previously in this opinion, the court did not have subject matter jurisdiction to enter the modified order requested by the parties through their stipulation. Therefore, the court had no subject matter jurisdiction for the parties to submit to before considering the substantive provisions of § 52-212a.
It appears that the plaintiff presents three arguments in response to the defendant's subject matter jurisdiction claim. First, he asserts that the court had jurisdiction, pursuant to General Statutes § 46b-82
Second, the plaintiff asserts that a separation agreement incorporated into a judgment of dissolution is to be considered and construed as a contract. Further, he argues that he conferred a benefit on the defendant by forgoing his right to terminate alimony payments once she began cohabitating with her current husband and that he detrimentally relied on the court's order modifying the parties' judgment of dissolution. The plaintiff does not indicate how this detrimental reliance argument is relevant to the court's lack of subject matter jurisdiction to enter a postdissolution order modifying the distribution of the plaintiff's pension benefits and, therefore, we reject it.
Last, citing Urban Redevelopment Commission v. Katsetos, 86 Conn.App. 236, 860 A.2d 1233 (2004), cert. denied, 272 Conn. 919, 866 A.2d 1289 (2005), the plaintiff asserts that the doctrine of finality of judgments precludes the defendant's claim regarding the court's lack of subject matter jurisdiction. We disagree.
"It often is stated that a challenge to subject matter jurisdiction can be raised at any time and that [o]nce the question of lack of jurisdiction of a court is raised, [it] must be disposed of no matter in what form it is presented... and the court must fully resolve it before proceeding further with the case.... Our Supreme Court, however, has stated that there are boundaries to challenges concerning the issue of subject matter jurisdiction. As we have only recently observed ... [t]he modern law of civil procedure suggests that even litigation about subject matter jurisdiction should take into account the importance of the principle of the finality of judgments, particularly when the parties have had a full opportunity originally to contest the jurisdiction of the adjudicatory tribunal.... Under this rationale, at least where the lack of jurisdiction is not entirely
The plaintiff urges us to apply Urban Redevelopment Commission and conclude that, under the circumstances of this case, the defendant should be precluded from asserting any claim regarding the court's lack of subject matter jurisdiction. We are not persuaded. Urban Redevelopment Commission instructs us to consider the factors it cited only when a court's "lack of subject matter jurisdiction is not entirely obvious...." (Internal quotation marks omitted.) Id., at 241, 860 A.2d 1233. Here, it is entirely obvious that § 46b-86 (a) unequivocally deprives a court of subject matter jurisdiction to enter postdissolution orders modifying property distribution provisions in a judgment of dissolution. Therefore, we need not apply the factors set forth in Urban Redevelopment Commission to determine whether the doctrine of finality of judgments precludes the defendant's subject matter jurisdiction claim. Cf. id., at 243, 860 A.2d 1233 (lack of jurisdiction not entirely obvious); see also Torrington v. Zoning Commission, 261 Conn. 759, 769-70, 806 A.2d 1020 (2002) (same); In re Shamika F., 256 Conn. 383, 408, 773 A.2d 347 (2001) (same).
For the foregoing reasons, the court erred by denying the defendant's second motion to vacate. Furthermore, the denial of the defendant's first motion to vacate must be vacated. The trial court lacked subject matter jurisdiction when it initially modified the order distributing the plaintiff's pension benefits, and, consequently, the ruling on the first motion to vacate that modification is void. "It is well established that a court is without power to render a judgment if it lacks jurisdiction and that everything done under the judicial process of courts not having jurisdiction is, ipso facto, void." (Internal quotation marks omitted.) Koennicke v. Maiorano, 43 Conn.App. 1, 25, 682 A.2d 1046 (1996).
The judgment is reversed in part and the case is remanded with direction to grant the defendant's second motion to vacate; the judgment is vacated as to the denial of the defendant's first motion to vacate; the judgment is affirmed in all other respects.
In this opinion the other judges concurred.