Coxon v. Joosse-Coxon

Coxon v. Joosse-Coxon

Interim support was warranted to assist the applicant to re-establish herself despite the short duration of the marriage because she demonstrated immediate needs and the respondent had the ability to pay; accordingly the respondent was ordered to pay $1,000 per month for six months plus a lump sum of $893 for insurance, with no determination of long-term entitlement or the validity of the spouses' agreement.

Citation
2007 NSSC 340
Parties
Petitioner/respondent: John Anthony Coxon; Respondent/applicant: Debra Lee Joosse-Coxon
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 November 2007
Procedural Posture
Divorce (family Law) / Interim Application (spousal Support)
Outcome
Interim spousal support awarded to respondent/applicant for re-establishment; order is temporary and not determinative of long-term entitlement
Legal Topics
Interim Spousal Support, Separation, Marital Agreement Validity, Self Sufficiency, Property and Assets
Source Language
English
Family Law Spousal Support Divorce Contract (marital Agreement) Interim Spousal Support Separation Marital Agreement Validity Self Sufficiency +1 more

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Parties

John Anthony Coxon

Petitioner/respondent

Debra Lee Joosse-Coxon

Respondent/applicant

Procedural Posture

Divorce (family Law) / Interim Application (spousal Support)

Legal Issues

  1. 1 Whether interim spousal support should be awarded
  2. 2 Quantum and duration of interim support
  3. 3 Impact of very short marriage on entitlement

Ratio Decidendi

Interim support was warranted to assist the applicant to re-establish herself despite the short duration of the marriage because she demonstrated immediate needs and the respondent had the ability to pay; accordingly the respondent was ordered to pay $1,000 per month for six months plus a lump sum of $893 for insurance, with no determination of long-term entitlement or the validity of the spouses' agreement.

Court Disposition

Interim spousal support awarded to respondent/applicant for re-establishment; order is temporary and not determinative of long-term entitlement

Orders

  • Respondent shall pay the applicant $1,000 per month for six months
  • Respondent shall pay a lump sum of $893 for the applicant's car insurance