Doucet v. Doucet

Doucet v. Doucet

Structured settlement payments, even if tax‑exempt or characterized as excluded property for division, may be considered as part of a spouse's 'means' under s.15.2(4) of the Divorce Act for the purpose of awarding interim spousal support; the master applied the correct legal test, had an evidentiary basis for her findings, and the $2,100 monthly interim award was not clearly wrong, so the appeal is dismissed.

Citation
2020 BCSC 1218
Parties
Claimant/respondent: David John Doucet; Respondent/appellant: Margaret Heather Doucet, by way of her Committee, Amie Doucet
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 August 2020
Procedural Posture
Divorce Act Spousal Support / Appeal From Master's Interim Support Order
Outcome
Appeal dismissed; Master's interim spousal support order upheld
Legal Topics
Structured Settlement Characterization, Income and Means, Excluded Property (family Law Act S.85), Spousal Support Advisory Guidelines, Standard of Review Clearly Wrong
Source Language
English
Family Law Spousal Support Property Division Interim Relief Structured Settlement Characterization Income and Means Excluded Property (family Law Act S.85) Spousal Support Advisory Guidelines +1 more

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Parties

David John Doucet

Claimant/respondent

Margaret Heather Doucet, by way of her Committee, Amie Doucet

Respondent/appellant

Procedural Posture

Divorce Act Spousal Support / Appeal From Master's Interim Support Order

Legal Issues

  1. 1 Whether structured settlement payments may be considered as part of a spouse's 'means' or 'income' for spousal support under s.15.2(4) of the Divorce Act
  2. 2 Whether structured settlement payments are excluded property under s.85(1)(c) of the Family Law Act and therefore cannot be considered for support
  3. 3 Whether consideration of tax‑free structured settlement payments for support is contrary to public policy

Ratio Decidendi

Structured settlement payments, even if tax‑exempt or characterized as excluded property for division, may be considered as part of a spouse's 'means' under s.15.2(4) of the Divorce Act for the purpose of awarding interim spousal support; the master applied the correct legal test, had an evidentiary basis for her findings, and the $2,100 monthly interim award was not clearly wrong, so the appeal is dismissed.

Court Disposition

Appeal dismissed; Master's interim spousal support order upheld

Orders

  • Appeal dismissed; the Master's order dated March 17, 2020 ordering respondent to pay interim spousal support of $2,100 per month is confirmed.