Stevens v. Stevens

Stevens v. Stevens

The claimant is entitled to spousal support on both compensatory and non-compensatory bases because the long marriage produced economic interdependence and the claimant suffered a disadvantage by being ousted from the business, losing mine employment and having to retrain late in life; the court fixed prospective incomes at $60,000 (claimant) and $90,000 (respondent), applied SSAG ranges and ordered prospective support of $1,100/month from June 1, 2020 indefintely and retroactive support of $2,000/month for May 1, 2019 to June 30, 2020 to be adjusted in the calculation of the claimant's buyout of the former family home rather than payable immediately.

Citation
2020 BCSC 1339
Parties
Claimant: Colleen Jane Stevens; Respondent: Dana Phillip Stevens
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 September 2020
Procedural Posture
Divorce Act Spousal Support / Continuation of Trial Following Application to Reopen (reopened Trial)
Outcome
Claimant awarded spousal support (prospective and retroactive); costs reserved with liberty to address
Legal Topics
Compensatory Support, Non Compensatory Support, Income Determination and Imputation, Spousal Support Advisory Guidelines, Reopened Trial
Source Language
English
Family Law Spousal Support Divorce Proceedings Compensatory Support Non Compensatory Support Income Determination and Imputation Spousal Support Advisory Guidelines Reopened Trial

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Parties

Colleen Jane Stevens

Claimant

Dana Phillip Stevens

Respondent

Procedural Posture

Divorce Act Spousal Support / Continuation of Trial Following Application to Reopen (reopened Trial)

Legal Issues

  1. 1 Is the claimant entitled to spousal support?
  2. 2 On what grounds (compensatory, non-compensatory, contractual)?
  3. 3 What is the appropriate quantum and duration of support (prospective and retroactive)?

Ratio Decidendi

The claimant is entitled to spousal support on both compensatory and non-compensatory bases because the long marriage produced economic interdependence and the claimant suffered a disadvantage by being ousted from the business, losing mine employment and having to retrain late in life; the court fixed prospective incomes at $60,000 (claimant) and $90,000 (respondent), applied SSAG ranges and ordered prospective support of $1,100/month from June 1, 2020 indefintely and retroactive support of $2,000/month for May 1, 2019 to June 30, 2020 to be adjusted in the calculation of the claimant's buyout of the former family home rather than payable immediately.

Court Disposition

Claimant awarded spousal support (prospective and retroactive); costs reserved with liberty to address

Orders

  • Respondent to pay claimant spousal support in the amount of $1,100 per month commencing June 1, 2020 and payable on the first day of each month thereafter (indefinite)
  • Retroactive spousal support in the amount of $2,000 per month for the period May 1, 2019 to June 30, 2020; this amount is not payable forthwith but will be adjusted as part of the calculations to determine the claimant's buyout of the respondent's interest in the former family home as directed in paragraph 148 of...