Elliott v. Elliott
In Elliott v. Elliott, 14 Conn. App. 541, 541 A.2d 905 (1988), the Court held that the trial court's order, entered at the time of dissolution, forgiving a previously determined arrearage of pendente lite alimony, constituted a retroactive modification of the pendente lite order. Id., at 545.
The Court held that such a modification, when made at the time of dissolution, is impermissible pursuant to General Statutes 46b-86, which permits retroactive modification of alimony and support orders only during the predissolution period and only pursuant to a pending motion to modify. Id.
The Court explained in Elliott that "the purpose of alimony pendente lite is to provide a party with support during the pendency of the dissolution action. . . . Allowing a court to modify an award of alimony pendente lite retroactively at the time the dissolution is granted would frustrate that purpose because it would encourage spouses to delay making their alimony payments until the time of dissolution, hoping that the order for alimony pendente lite would be forgiven or changed at that time." Elliott v. Elliott, supra, 14 Conn. App. at 545.