Murphy v. Murphy

Murphy v. Murphy

Divorce granted; net matrimonial assets valued and divided equally except that post-separation municipal taxes and insurance, although matrimonial debts, were ordered borne solely by Respondent as equal division would be unfair given his exclusive occupation of the home post-separation; Petitioner entitled to modest s.18 compensation ($2,000) for proven but limited contribution to Respondent’s business; retroactive child support under s.3 awarded to Respondent in the amount of $23,123.86 but s.7 claim dismissed due to inadequate accounting, offsets (medical plan premiums and voluntary payments by Petitioner), and uncertainty about Respondent’s income; equalization payment of $133,115.08...

Citation
2015 NSSC 357
Parties
Petitioner: Carolyn Clare Murphy; Respondent: Bruce James Murphy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
15 December 2015
Procedural Posture
Divorce/family / Trial Decision (final)
Outcome
Divorce granted; corollary relief ordered as to property division, child support, and section 18 compensation; no spousal support ordered.
Legal Topics
Equalization, Valuation, Matrimonial Debts, Section 18 Compensation, Retroactive Child Support, Section 7 Extraordinary Expenses, Disclosure and Imputation of Income, Costs
Source Language
English
Matrimonial Property Family Law Child Support Divorce Equalization Valuation Matrimonial Debts Section 18 Compensation +4 more

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Parties

Carolyn Clare Murphy

Petitioner

Bruce James Murphy

Respondent

Procedural Posture

Divorce/family / Trial Decision (final)

Legal Issues

  1. 1 Proper division of matrimonial assets and debts under the Matrimonial Property Act including classification and valuation of assets and debts
  2. 2 Whether post-separation municipal taxes and house insurance premiums are matrimonial debts and how they should be apportioned
  3. 3 Whether Petitioner is entitled to compensation or a share of Respondent’s business under section 18 of the Matrimonial Property Act for contributions

Ratio Decidendi

Divorce granted; net matrimonial assets valued and divided equally except that post-separation municipal taxes and insurance, although matrimonial debts, were ordered borne solely by Respondent as equal division would be unfair given his exclusive occupation of the home post-separation; Petitioner entitled to modest s.18 compensation ($2,000) for proven but limited contribution to Respondent’s business; retroactive child support under s.3 awarded to Respondent in the amount of $23,123.86 but s.7 claim dismissed due to inadequate accounting, offsets (medical plan premiums and voluntary payments by Petitioner), and uncertainty about Respondent’s income; equalization payment of $133,115.08...

Court Disposition

Divorce granted; corollary relief ordered as to property division, child support, and section 18 compensation; no spousal support ordered.

Orders

  • Divorce granted.
  • Respondent to pay Petitioner equalization payment of 133,115.08 CAD no later than 2016-01-25.