C.A.R.C. v. C.F.C.

C.A.R.C. v. C.F.C.

The court found most travel-related debts and the EI overpayment were matrimonial (subject to correction for double accounting) but excluded $1,500 of expenses incurred to pursue a new relationship; after adjusting debts petitioner received substantial net assets and a $67,665.11 equalization payment; spousal support was dismissed because petitioner’s reduced income was voluntary, she had advanced her career during the marriage, had substantial assets and did not demonstrate a real and reasonable need under the non-compensatory model of the Divorce Act.

Citation
2002 NSSC 219
Parties
Petitioner: C. A. R. C.; Respondent: C. F. C.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
30 September 2002
Procedural Posture
Divorce / Decision
Outcome
Equalization payment ordered; spousal support claim dismissed; adjustments to claimed debts ordered; costs reserved.
Legal Topics
Equalization Payment, Matrimonial Debts, Periodic Spousal Support, Division of Property, Costs
Source Language
English
Family Law Matrimonial Property Spousal Support Divorce Law Equalization Payment Matrimonial Debts Periodic Spousal Support Division of Property +1 more

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Parties

C. A. R. C.

Petitioner

C. F. C.

Respondent

Procedural Posture

Divorce / Decision

Legal Issues

  1. 1 Are the debts claimed by the petitioner matrimonial debts?
  2. 2 Is the petitioner entitled to periodic spousal support and in what amount?
  3. 3 What equalization payment, if any, is payable?

Ratio Decidendi

The court found most travel-related debts and the EI overpayment were matrimonial (subject to correction for double accounting) but excluded $1,500 of expenses incurred to pursue a new relationship; after adjusting debts petitioner received substantial net assets and a $67,665.11 equalization payment; spousal support was dismissed because petitioner’s reduced income was voluntary, she had advanced her career during the marriage, had substantial assets and did not demonstrate a real and reasonable need under the non-compensatory model of the Divorce Act.

Court Disposition

Equalization payment ordered; spousal support claim dismissed; adjustments to claimed debts ordered; costs reserved.

Orders

  • Mr. C. shall pay to Mrs. C. an equalization payment of 67665.11 CAD.
  • Debts in Mrs. C.'s proposed division shall be reduced by a total of 7695.00 CAD (including $1,500 for non‑matrimonial expenses and correction for double‑accounted EI overpayment).