MEMORANDUM OF DECISION

SHAY, J.

The plaintiff husband ("husband") and the defendant wife, whose maiden name was Migdalia Quinones, were married in the Bronx, New York, on January 22, 1986. They are the parents of two children, to wit: Danielle Bonilla, born December 16, 1988, and Brandon Ace Bonilla, born October 21, 1993. No other children have been born to the wife during the marriage. Neither party has received any public assistance. The daughter is a student at Sarah Lawrence College, and the son is a student at Greenwich High School. Both children reside primarily with the husband in the jointly-owned residence at 390 Round Hill Road, Greenwich, Connecticut. The wife resides in a home at 11 Quail Road, Greenwich, Connecticut, which she rents. The parties have lived separate and apart since September 2007.

The husband is 46 years old and in good health. He played professional baseball for twenty-one years, including four years in the minor leagues, and seventeen years of major league baseball with a variety of teams, most notably with the Pittsburgh Pirates, the New York Mets, and the Florida Marlins, where he earned a World Series ring. He retired after the 2001 season. Currently, he is employed as a special assistant to Donald Fehr, the players' representative, at an annual salary of approximately $114,000.00. The husband began this work as a volunteer, but has received compensation since 2004. He also receives health insurance for his family through his position. His other income is derived primarily from investments and two annuities from compensation deferred first, from his initial stint with the New York Mets and later with the Baltimore Orioles, and second, from his final time with the Mets. He had one semester of college, but left to pursue his major league career.

The wife is 44 years old and has a high school education. She has taken one course in interior design and has expressed to the court her interest in pursuing this career in the future. Throughout the marriage, until 2007, she was a homemaker and principal caregiver to the two children. Since her release from her second hospitalization in September 2007, the husband has assumed the role of principal caregiver, in particular, for Brandon. The state of the wife's health has been the subject of much of the testimony and evidence presented in this case. In brief, she is being treated by a psychiatrist as well as a therapist, and she has been prescribed medications for a variety of mental illnesses, including depression, bi-polar disorder, anxiety, sleep disorder, and delusional disorder. In addition, she employs a "life coach" to assist her day to day.

Neither party brought any significant assets to the marriage, however, throughout the marriage, they have accumulated a variety of significant assets. They are the owners of two homes in Greenwich and a cooperative apartment in New York City, as well as income-producing condominium in Florida. The parties have stipulated as to the fair market value of each of the real properties in Connecticut and in New York (Exhibit #26) and have also set forth the values of all four on their respective financial affidavits. In addition to the real property, the most significant assets are two deferred income contracts payable in the form of long-term annuities, one currently payable, and another beginning in July 2011. Combined, the annual income is approximately $1,700,000.00. The parties also have savings and investment accounts, as well as life insurance. While the evidence supports a finding that the parties consulted with each other on financial matters throughout the marriage, they have clearly benefited from some very wise management and counsel from their business and investment advisors, as well as, some very astute decisions by the husband himself, particularly with regard to his deferred compensation packages.

The husband testified that Brandon has the ability and the desire to play baseball at a competitive level and that there is a high school in Florida that provides to student athletes the opportunity to do so. He also asked the court to consider this course as an option for Brandon, if their son would like to transfer from Greenwich High School. The wife did not contradict the husband as to their son's athletic abilities, and offered no opinion as to the alternative school.

As to the breakdown of the marriage, the wife testified at length that the principal reason was her contention that the husband's behavior throughout was cruel and abusive. The court heard from a parade of witnesses, for both the husband and the wife, on this issue, and could find no credible evidence that would support a pattern of spousal abuse. On the contrary, the court heard considerable testimony regarding the wife's significant mental and emotional problems, in particular, her delusional disorder. For the husband's part, he attributes the breakdown to his wife's long-time affair with another man, something she did not deny. Despite his wife's behavior, his testimony was respectful of her, in particular, as to her role as mother of their two children. It appeared to the court that he was finally resigned to the fact that the marriage had broken down irretrievably.

The case was tried over the course of ten days, including final argument. At that time, the husband indicated that his pendente lite Motions #200 and #212 were outstanding, and the wife indicated that Motion #217 was outstanding. At the time of final argument, counsel for the wife raised an issue with regard to the potential value of the husband's membership in a country club. The court held the evidence open until Wednesday, March 18, 2009, so that the attorney for the husband could produce documentation regarding this issue, and to give the parties an opportunity to be heard. No credible evidence having been timely presented to the court on this issue, the court declared the evidence closed.

FINDINGS

The Court, having heard the testimony of both parties, and having considered the evidence presented at hearing, as well as, inter alia, the factors enumerated in General Statutes §§ 46b-56, 46b-56a, 46b-56c, 46b-81, 46b-82, 46b-84, and 46b-215a, including the Child Support and Arrearage Guidelines Regulations, hereby makes the following findings:

1. That it has jurisdiction.

2. That the allegations of the complaint are proven and true.

3. That the marriage of the parties has broken down irretrievably, and that ample evidence exists that both parties have contributed in some fashion to said breakdown, but that the wife must assume the greater share.

4. That during the marriage, neither party has received any aid or assistance from the State of Connecticut or any town or political subdivision thereof.

5. That Bonnie L. Amendola, Esq., the Attorney for the Minor Child ("AMC"), Brandon Ace Bonilla, born October 21, 1993, has prepared "Proposed Orders of the Attorney for the Minor Child" dated March 12, 2009, to resolve outstanding custody and parenting issues; that the husband has asked the court to adopt same; that the wife has filed separate proposed orders entitled "Amended Parenting Plan Proposed Orders of the Defendant Mother" dated March 11, 2009; and that after review of same, the court finds the Proposed Orders of the AMC are fair and in the best interest of the minor child.

6. That after taking into account the property division herein, the net income of the wife is $4,776.00 per week; and that the net income of the husband is $7,896.00 per week.

7. That the combined net weekly income of the parties is in excess of the maximum Child Support Guidelines amount; that presumptive basic child support is $473.00 per week; and that the husband's share is $473.00 and the wife's share is $180.00.

8. That in entering an order for child support, a court must consider both General Statutes § 46b-215b and the Child Support and Arrearage Guidelines Regulations ("Guidelines"), as well as the factors set forth in General Statutes § 46k-84; that where the net income of the parties is in excess of the maximum Child Support Guidelines amount, the court need not apply the presumptive minimum support amount set forth in the Guidelines; but that if the court enters an order less than the presumptive minimum support amount, it must base such order on one or more of the specific deviation criteria set forth in said Guidelines. Battersby v. Battersby, 218 Conn. 467, 471-72 (1991); Benedetto v. Benedetto, 55 Conn.App. 350, 355 (1999).

9. That the Court finds it is appropriate and equitable to apply the deviation criteria set forth in § 46b-215a-3(b)(5) of the Child Support and Arrearage Guidelines Regulations on the basis of the coordination of total family support.

10. That the court having considered the factors set forth in General Statutes § 46b-56c(c), it is more likely than not that the parents would have provided support to each of the children for higher education or private occupational school if the family were intact, in that both the husband and the wife testified that Danielle is already a student at Sarah Lawrence, and they expect Brandon to attend college; that in her proposed orders, the wife has requested that the court order the husband to pay all of the costs of same; that in his proposed orders, the husband has agreed to do so; that both children are under the age of twenty-three years; and that there is no written agreement by and between the parties to provide for the post-majority education of the children.

11. That throughout the marriage, until their separation, both parties each made significant contributions to the acquisition, maintenance, and preservation of the family assets, including the real estate.

12. That taking into consideration the factors set forth in General Statutes § 46b-82, including the age, education, and general health of the wife, in light of the facts and circumstances of this case, a time-limited award of alimony is appropriate. Ippolito v. Ippolito, 28 Conn.App. 745, cert. denied, 224 Conn. 905 (1992); Milbauer v. Milbauer, 54 Conn.App. 304, 312-15 (1999); and that in entering the order for periodic alimony pursuant to General Statutes § 46b-82(a), the court has taken into consideration the property awarded to the wife pursuant to General Statutes § 46b-81.

13. That the evidence supports a finding that the minor child Brandon Ace Bonilla has the ability and desire to play baseball at a competitive level; that said child could well benefit from a private school which will provide him with both an academic and athletic education; that the husband, who is the primary caregiver for the child, has sufficient income and assets to pay the cost of such a private school education; that, if after consultation with the wife and the AMC, the father believes that it is in the best interest of Brandon that he be enrolled in such a private school, he may do so; and that the husband should pay the tuition and costs related thereto. Carroll v. Carroll, 55 Conn.App. 18, 24 (1999); Flynn v. Flynn, 7 Conn.App. 745, 747, (1986).

14. That although the court has considered all of the statutory criteria, it is not required to give equal weight to each of them; and that, in addition to the other criteria, in making its alimony order, the court has given significant weight to the division of marital assets, and in making its property division, it has given significant weight to the wife's unilateral withdrawal of marital funds pendente lite, as well as the husband's primary parental responsibilities, including his obligation to comply with the educational support orders of the court. McPhee v. McPhee, 186 Conn. 167, 172 (1982).

15. That "in a case tried before a court, the trial judge is the sole arbiter of the credibility of the witnesses and the weight to be given specific testimony . . . The credibility and the weight of expert testimony is judged by the same standard, and the trial court is privileged to adopt whatever testimony it reasonably believes to be credible." United Technologies Corp. v. East Windsor, 262 Conn. 11, 26 (2002).

16. That the court having heard the testimony of the parties and their witnesses, and having reviewed the evidence finds that there was no credible evidence of domestic abuse by the husband; and that the wife's allegations of same are without merit and are likely the product of her underlying mental illness.

PENDENTE LITE ORDERS

After hearing and argument, the court having considered the evidence,

IT IS HEREBY ORDERED:

As to Plaintiff's Pendente Lite Motion for Relief from Automatic Orders (#200) dated January 15, 2009, the court declines to grant the pendente relief sought as moot, relief otherwise having been granted as set forth in the court's orders herein. The Motion for Relief is HEREBY DENIED.

As to Plaintiff's Motion for Contempt and for an Order Restraining Defendant from Dissipating Assets (#212) dated February 6, 2009, the court does not find that the wife's unilateral use of marital funds and the execution of a lease pendente lite amounts to contempt, in that there was sufficient credible evidence for the court to find that her actions were, at least in part, the result of her underlying delusional disorder. Nevertheless, said actions were clearly in contravention of the provisions of Practice Book § 25-5, which are intended with certain specific exceptions, to preserve assets and to maintain the status quo until such time as a judgment or further order of court can be entered, and as such amounted to a violation of the Automatic Orders, thus impacting the ability of the court to enter an equitable division of the assets of the parties. Accordingly, the court hereby denies the motion for contempt, but it has taken the wife's unilateral withdrawal of marital funds pendente lite into account as one factor in its division of assets. The Motion for Contempt is HEREBY DENIED; the relief sought having been otherwise granted in the decree.

As to Defendant's Motion for Contempt and Motion to Compel for Violation of Automatic Orders, Pendente Lite (#217/218) dated January 29, 2009, the court does not find that the husband's sale of the automobiles and the purchase of the airplane and MiniCooper to be a violation of the Automatic Orders. Likewise, the transfers from the Alexis Trust, were not violations of the automatic orders. As to the sale of the automobiles, the court was not presented with sufficient credible evidence, either way, in order to make a determination as to whether or not an agreement between the parties existed. As to the Alexis Trust, under all the facts and circumstances of the case, including, the wife's unilateral withdrawal of joint funds, the court finds that the husband's actions were reasonable and taken in order to preserve the assets for future division by the court. Thus the court does not find the husband in contempt. The Motion for Contempt is HEREBY DENIED.

ORDER

IT IS HEREBY ORDERED THAT:

1. The marriage of the parties is hereby dissolved, and they are each hereby declared to be single and unmarried.

2. The parties shall have joint legal custody of the minor child, Brandon Ace Bonilla, born October 21, 1993, who shall reside with the husband, and that parental rights and responsibilities shall be as set forth in the "Proposed Orders of the Attorney for the Minor Child" dated March 12, 2009, as on file with the court, which the court adopts in each and every part and incorporates same in its decree as "Schedule A" attached hereto.

3. Commencing June 1, 2009 and monthly thereafter, the husband shall pay to the wife the sum of one dollar ($1.00) as and for periodic alimony, until the death of either party, the remarriage of the wife, the entry into a civil union by the wife, or July 15, 2011, whichever shall sooner occur. It is the intention of the court that except for the foregoing, that the term of periodic alimony shall be non-modifiable by either party. It is the further intention of the court, that payments in accordance with this paragraph shall be taxable to the wife and deductible by the husband.

In addition to the foregoing, the husband shall pay to the wife a lump sum, non-taxable payment of $30,000.00, payable in three equal installments of $10,000.00 each, commencing June 1, 2009, and monthly thereafter, until paid in full.

4. Commencing June 1, 2009, and annually thereafter, the wife shall pay to the husband the sum of one dollar ($1.00) as and for child support, until such time as the child shall reach the age of eighteen years or shall be otherwise emancipated. The foregoing notwithstanding, if the child shall turn eighteen years old and is still in high school, then, in that event, the child support shall continue until the first day of next month following graduation from high school or his nineteenth birthday, whichever shall sooner occur, pursuant to General Statutes § 46b-84(b).

5. In the event that the minor child Brandon is enrolled in a private high school or preparatory school for the purpose of advancing his athletic prospects, the husband shall be responsible for all of the tuition, room and board, as well as the reasonable and necessary fees and costs related thereto. Said obligation shall be in the nature of supplemental child support. The decision to enroll the child in such a school shall be the husband's, after consultation with the wife and the AMC at least thirty (30) days in advance of the start of the academic year.

6. The husband shall contribute to the necessary educational expenses of both Danielle and Brandon in pursuit of a bachelor's degree or four full academic years study toward same, whichever shall sooner occur, to include room, board, dues, tuition, fees, registration and application costs, as well as required text books and laboratory materials, and, in the absence of an agreement of the parties to exceed same, said expenses for each child shall not be more than the amount charged by The University of Connecticut for a full-time in-state student, pursuant to General Statutes § 46b-56c(c). All payments shall be made directly to the institution. In addition thereto, as part of this educational support order, the husband shall provide health insurance for each of the children, as set forth elsewhere in this decree, so long as he has an obligation hereunder. The foregoing notwithstanding, the obligation of the husband hereunder shall, in all events, cease when the child reaches the age of twenty-three years. After participation by both parents in the decision, in the event there is a dispute between the parties as to which institution of higher learning either child shall attend, the decision of the husband shall be final.

7. The husband shall promptly notify his employer as to the change of marital status and shall cooperate with the wife in obtaining continuation health insurance coverage as provided by state and federal law. The wife shall be responsible for the payment of any premiums due for such coverage.

8. The husband shall maintain and pay for health insurance for each of the children so long as he shall be obligated to pay child support for that child, including post-majority support pursuant to an educational support order or a written post-majority agreement. Unreimbursed medical, dental, orthodontic, optical, pharmaceutical, psychiatric, and psychological expenses for the minor child, shall be divided by the parties, 50% by the husband and 50% by the wife. The provisions of General Statutes § 46b-84(e) shall apply.

9. Pursuant to General Statutes § 46b-84(f), as and for security for his alimony and support obligation hereunder, the husband shall maintain the existing Provident Nationwide life insurance policy in the amount of $600,000.00, and shall name the wife and children as equal beneficiaries thereof for so long as he has an obligation to pay alimony and child support under the terms of this decree. In the event that his alimony obligation hereunder ceases, for whatever reason, he shall name each child as the beneficiary in the amount $300,000.00 thereof for so long as he has an obligation to pay child support to that child under the terms of this decree. For purposes of the enforcement of this provision, a child support order shall include an educational support order pursuant to General Statutes § 46b-56c, or a written agreement of the parties for post-majority educational support.

10. As to the jointly-owned real estate at 390 Round Hill Road, Greenwich, Connecticut, within thirty (30) days from the date hereof, the wife shall convey her interest therein to the husband by means of a fully-executed Quit Claim Deed along with completed Conveyance Tax Forms. Thereafter, the husband shall have exclusive possession of the real estate and shall be responsible for the payment of all mortgages, liens, taxes, and insurance, and shall indemnify and hold the wife harmless from any further liability thereunder. In addition, within twenty-four (24) months from the date of this decree, the husband shall either refinance or otherwise remove the wife's name from any existing mortgages.

11. As to the jointly-owned real estate at 2 Glen Road, Greenwich, Connecticut, within thirty (30) days from the date hereof, the husband shall convey his interest therein to the wife by means of a fully-executed Quit Claim Deed along with completed Conveyance Tax Forms. Thereafter, the wife shall have exclusive possession of the real estate and shall be responsible for the payment of all mortgages, liens, taxes, and insurance, and shall indemnify and hold the husband harmless from any further liability thereunder. In addition, within twenty-four (24) months from the date of this decree, the wife shall either refinance or otherwise remove the husband's name from any existing mortgages.

12. As to the jointly owned cooperative apartment No. 7C, located at 181 East 65th Street, New York, New York, shall be listed for sale no later than June 1, 2009, with a mutually acceptable broker who is a member of the Multiple Listing Service or other similar organization, familiar with real estate values in Manhattan, at a mutually agreed-upon listing price. If the parties are unable to agree upon a listing price, each shall choose a broker who, in turn shall pick a third broker, and the listing price shall be the average of all three brokers. Unless the parties shall otherwise agree, they shall accept any bona fide offer without unusual conditions, which is within 5% of the listing price. Upon sale of the property, from the proceeds shall be paid the customary and ordinary costs associated with a sale, including broker and attorney fees, conveyance taxes, fix-up expenses, and any liens. After the payment of these sums, the net proceeds shall be divided 85% to the wife and 15% to the husband.

The wife shall have exclusive possession of the premises and she shall have the sole responsibility for monthly maintenance, taxes, and common charges, as well as for service fees, repairs, or replacements costing $500 or less. Both parties shall share the cost of any assessments, as well as any service fees, repairs, or replacements in excess of $500, in the same proportion as their share of the net proceeds. Either party may advance the full cost of same and an adjustment shall be made at time of sale or transfer. Neither party shall encumber the property without the agreement of the other. The Court shall retain jurisdiction with regard to any conflicts arising out of this issue.

13. As to the jointly-owned condominium located at 17875 Collins Avenue, Apt. 1204, Sunny Isles, Florida, within thirty (30) days from the date hereof, the husband shall convey his interest therein to the wife by means of a fully-executed instrument of conveyance, along with completed tax and/or other forms required by Florida law. Thereafter, the wife shall have exclusive possession of the real estate and shall be responsible for the payment of all mortgages, liens, taxes, and insurance, and shall indemnify and hold the husband harmless from any further liability thereunder. The net income derived from the property attributable to the period January 1, 2009 to and including the date of transfer of title shall be attributable to the respective parties, one-half each. Likewise, any allowable deductions against income taxes for real estate taxes paid during said period shall be shared equally.

14. Personal property shall be divided as follows:

A. Each party shall be entitled to the home furnishings currently located within their respective primary residences, as well as within the real properties awarded herein to each or where he or she has been awarded exclusive possession.

B. Each party shall be entitled to keep the automobile and/or motor vehicles which they are currently driving free and clear of any claims by the other, and each party shall cooperate with the other regarding the execution of any documentation necessary to transfer and/or register same. The husband currently drives a 2007 Cadillac Escalade and a 2008 MiniCooper; while the wife drives a 2008 Range Rover and a 2004 Vespa.

C. Except as otherwise set forth herein, each party shall be entitled to keep their respective savings, checking, and money market accounts in their sole names, free and clear of any claims by the other. The foregoing notwithstanding, the following bank accounts shall be divided equally:

1. CNB checking (#XXXX8497); and

2. CNB checking (#XXXX3318)

D. The following assets shall be divided equally by the parties within thirty (30) days from the date of this Decree:

1. Bobby Bo Investments, Inc.; Miracle Mile Entertainment, LLC; Champion's Travel, LLC.; Hazel XXXV, LLC.; Roan With Punches, LLC.; SB2, LLC.; Nine Men Out, LLC; and Calico Princess, LLC.

2. Ivy Clarus Hedge Fund (5% remaining balance);

3. Charles Schwab (#XXXX0317);

4. Charles Schwab (#XXXX6871);

5. Oppenheimer Brandes Managed Equity Account (Alexis Trust); and

6. Oppenheimer Xanthus Hedge Fund (Alexis Trust).

E. The wife shall be entitled to retain the following items of personal property free and clear of any further claims by the husband:

1. Clothing and personal effects;

2. Watches, rings, and other jewelry;

3. Provident Nationwide Life Insurance policy (face amount $100,000.00), including cash value;

4. Any security deposit at 11 Quail Road, Greenwich; and

5. A retainer with Financial Wings.

F. The husband shall be entitled to retain the following items of personal property free and clear of any further claims by the wife:

1. Clothing and personal effects;

2. Watches, rings, and other jewelry;

3. All right title and interest to Acealexis, LLC. together with its assets, including a certain airplane, subject to any existing indebtedness;

4. Provident Nationwide Life Insurance policy (face amount $600,000.00), including cash value, subject only to his obligation to maintain coverage pursuant to the provisions of this decree;

5. Charles Schwab (#XXXX6732);

6. Wells Fargo (#XXXX4311);

7. Bonilla Holdings, LLC.; and

8. Escrow Account with Porsche sale proceeds, including accrued interest.

15. The retirement assets shall be divided as follows:

A. AS TO THE BANK OF AMERICA INDIVIDUAL RETIREMENT ACCOUNTS: The wife shall retain her interest in her two (2) Bank of America Individual Retirement Accounts free and clear of any claims by the husband.

B. AS TO THE MAJOR LEAGUE BASEBALL PENSION PLAN:

Effective as of the date of this Memorandum of Decision, the Pension Plan of the Major League Baseball Players Benefit Plan ("Pension Plan") of the husband vested and accrued as of the date of this Memorandum of Decision, shall be divided by means of a Qualified Domestic Relations Order ("QDRO") which shall be prepared by the husband's attorney, 50% to the husband and 50% to the wife. Unless the parties shall otherwise agree, the husband shall elect a joint and survivor annuity, and in the event that the husband shall predecease the wife prior to drawing his pension, the wife shall be entitled to 100% of that portion of the survivor benefit vested and accrued as of the date of this Memorandum of Decision. The Court shall retain jurisdiction to deal with any issues which may arise with regard to the preparation and filing of the QDRO and the division of the Pension Plan. Any attorney fees and costs incurred in the preparation and filing of the QDROs shall be borne equally by the parties.

C. AS TO THE MAJOR LEAGUE BASEBALL 401(K) PLAN:

Effective as of the date of this Memorandum of Decision, the Investment Plan of the Major League Baseball Players Benefit Plan ("401(k) Plan") of the husband vested and accrued as of the date of this Memorandum of Decision, shall be divided by means of a Qualified Domestic Relations Order ("QDRO") which shall be prepared by the husband's attorney, 50% to the husband and 50% to the wife. The Court shall retain jurisdiction to deal with any issues which may arise with regard to the preparation and filing of the QDRO and the division of the 401(k) Plan. Any attorney fees and costs incurred in the preparation and filing of the QDROs shall be borne equally by the parties.

16. The Deferred Compensation Accounts shall be divided as follows:

A. AS TO THE DEFERRED COMPENSATION, IN PAY:

Within sixty (60) days from the date of this decree, the husband shall transfer to the wife one-half (1/2) of his interest in the "Bonilla Deferred Compensation Reserve Account" ("Account") held by Sterling Doubleday Enterprises, L.P., their successors and assigns, pursuant to "Addendum IV to the Uniform Player's Contract," dated April 1, 1994, between Sterling Doubleday Enterprises, L.P. (New York Mets) and Roberto Bonilla, which Addendum was executed on April 1, 1994. It is the intention of this court that thereafter, each party shall be responsible for any and all state and federal income taxes attributable to their respective shares. The court hereby reserves jurisdiction with regard to the implementation of the provisions of this paragraph.

B. AS TO THE DEFERRED COMPENSATION COMMENCING JULY 2011:

Within sixty (60) days from the date of this decree, the husband shall transfer to the wife one-half (1/2) of his interest in the "2000 Bonilla Deferred Compensation Reserve Account" ("Account") held by Sterling Doubleday Enterprises, L.P., their successors and assigns, pursuant to "Addendum II to the Uniform Player's Contract, dated December 31, 1996," between Sterling Doubleday Enterprises, L.P. (New York Mets) and Roberto Martin Antonio Bonilla, Jr., which Addendum was dated December 27, 1999. It is the intention of this court that thereafter, each party shall be responsible for any and all state and federal income taxes attributable to their respective shares. The court hereby reserves jurisdiction with regard to the implementation of the provisions of this paragraph.

17. The Prudential Annuities shall be divided as follows:

A. AS TO PRUDENTIAL INCOME ANNUITY #A2012133:

The husband shall retain all right, title and interest in and to his present right to receive a monthly payment under the terms of the Prudential Income Annuity Number A2012133, and, and if she survives him during the term of the annuity, the wife shall be entitled to receive said income. As between the husband and the wife, the survivor shall have the right to designate a beneficiary of the remaining interest upon his or her death. The foregoing notwithstanding, in the event that the husband shall predecease the wife prior to July 1, 2011, the wife shall be treated as the survivor annuitant for the entire remaining benefit. For purposes of this decree, "husband" shall mean Roberto M. Bonilla, and "wife" shall mean Migdalia Bonilla.

B. AS TO PRUDENTIAL INCOME ANNUITY #A2012134:

The husband shall retain all right, title and interest in and to the Prudential Income Annuity Number A2012134, free and clear of any claims by the wife thereto, including the right to designate or change survivors and beneficiaries in accordance with the terms of the contract.

18. Except as otherwise set forth herein, the parties shall each be responsible for the debts as shown on their respective financial affidavits, and they shall indemnify and hold each other harmless from any further liability thereon. In particular, the husband shall be responsible for the state and federal taxes due for 2008, provided the parties file a joint return, and the wife shall be responsible for the Bank of America credit card (XXXX4705) debt, including All American Moving, Home Goods, Lillian August, and the New England Oil Company. In addition, each party shall be responsible for one-half (1/2) of any judgment rendered against either or both of them jointly in the matter of Duffy Craftsmen, Inc. v. Roberto Bonilla et al., currently pending in the Superior Court, bearing Docket Number FST-CV-07-5003218-S.

19. Each party shall be-responsible for their respective attorneys fees and costs incurred in connection with this action. The outstanding fees and expenses of the Attorney for the Minor Child, Bonnie Amendola, Esq., shall be paid equally by the parties.

20. The Court hereby orders a Contingent Wage Withholding Order pursuant to General Statutes § 52-362(b) in order to secure the payment of the alimony order.

21. The husband shall be entitled to claim the personal exemption for each of the children commencing with the tax year 2009 and thereafter.

22. There having been a contested hearing at which the financial orders were in dispute, the financial affidavits of the parties are hereby unsealed per P.B. § 25-59A(h).