Moore v. Moore

Moore v. Moore

Applicant failed to establish that other provision for shelter was inadequate so exclusive possession was denied; however applicant demonstrated a need for interim non‑compensatory spousal support based on her reduced earning capacity and the husband's financial means, the court imputed the husband's income at $100,000/year, fixed the applicant's income at $40,000/year and ordered interim spousal support of $1,750/month beginning October 15, 2017, payable mid‑month thereafter.

Citation
2017 NSSC 258
Parties
Petitioner: James Moore; Respondent: Darlene Moore
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 October 2017
Procedural Posture
Divorce / Matrimonial Proceeding / Interim Motion for Interim Relief (spousal Support and Exclusive Possession)
Outcome
Motion allowed in part and dismissed in part: interim spousal support allowed; interim exclusive possession of the matrimonial home dismissed.
Legal Topics
Interim Spousal Support, Exclusive Possession of Matrimonial Home, Income Imputation, Interim Relief
Source Language
English
Family Law Matrimonial Property Law Spousal Support Interim Spousal Support Exclusive Possession of Matrimonial Home Income Imputation Interim Relief

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Parties

James Moore

Petitioner

Darlene Moore

Respondent

Procedural Posture

Divorce / Matrimonial Proceeding / Interim Motion for Interim Relief (spousal Support and Exclusive Possession)

Legal Issues

  1. 1 Whether to grant interim exclusive possession of the matrimonial home under s.11 M.P.A.
  2. 2 Whether to order interim spousal support under s.15.2 Divorce Act
  3. 3 Whether to impute income to the husband based on corporate retained earnings and benefits

Ratio Decidendi

Applicant failed to establish that other provision for shelter was inadequate so exclusive possession was denied; however applicant demonstrated a need for interim non‑compensatory spousal support based on her reduced earning capacity and the husband's financial means, the court imputed the husband's income at $100,000/year, fixed the applicant's income at $40,000/year and ordered interim spousal support of $1,750/month beginning October 15, 2017, payable mid‑month thereafter.

Court Disposition

Motion allowed in part and dismissed in part: interim spousal support allowed; interim exclusive possession of the matrimonial home dismissed.

Orders

  • Motion for interim exclusive possession of the matrimonial home dismissed
  • Interim spousal support ordered: $1,750 per month to be paid by James Moore to Darlene Moore commencing October 15, 2017 and thereafter mid-monthly