Brake v. Brake

Brake v. Brake

Because the petitioner established urgent transitional need, economic disadvantage from a long traditional marriage, risk to the matrimonial home and reduction in income, and because the respondent retained sufficient disposable income despite bankruptcy and altered household expenses, the court ordered interim spousal support of $3,000 per month commencing November 1, 2011 until further order.

Citation
2011 NSSC 440
Parties
Petitioner: Jennifer Brake; Respondent: Anthony Brake
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 November 2011
Procedural Posture
Divorce / Family Law / Interim Spousal Support Hearing (interim Decision)
Outcome
Interim spousal support awarded to petitioner
Legal Topics
Interim Spousal Support, Quantum and Ability to Pay, Priority of Child Support, Custody and Access, Effect of Bankruptcy on Support Obligations, Financial Disclosure
Source Language
English
Family Law Spousal Support Child Support Bankruptcy / Insolvency Property and Debt Allocation Interim Spousal Support Quantum and Ability to Pay Priority of Child Support +3 more

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Parties

Jennifer Brake

Petitioner

Anthony Brake

Respondent

Procedural Posture

Divorce / Family Law / Interim Spousal Support Hearing (interim Decision)

Legal Issues

  1. 1 Whether the petitioner is entitled to interim spousal support
  2. 2 What quantum is appropriate for interim spousal support given need and respondent's ability to pay
  3. 3 Impact of respondent's bankruptcy on interim support obligations

Ratio Decidendi

Because the petitioner established urgent transitional need, economic disadvantage from a long traditional marriage, risk to the matrimonial home and reduction in income, and because the respondent retained sufficient disposable income despite bankruptcy and altered household expenses, the court ordered interim spousal support of $3,000 per month commencing November 1, 2011 until further order.

Court Disposition

Interim spousal support awarded to petitioner

Orders

  • Respondent to pay spousal support to petitioner in the amount of $3,000 per month commencing November 1, 2011 and continuing until further order or agreement of the parties
  • Spousal support to be tax deductible to respondent and taxable to petitioner