Nickerson v. Nickerson

Nickerson v. Nickerson

Divorce granted and change of name ordered; equal division of matrimonial assets applied using parties' 2009 statements and an agreed $40,000 home valuation adjusted to $36,866.25 for division; respondent ordered to convey his interest in the matrimonial home to applicant (Sheriff authorized under Trustee Act s.39 if necessary); applicant owes a net equalization payment to respondent of $4,843.80 after accounting for debts and recorded judgment; respondent's RRSP with RBC (and any undisclosed matrimonial assets/pensions accrued during marriage) are subject to equal division and applicant entitled to one-half; respondent's income was imputed at $57,000.00 due to non-disclosure and child...

Citation
2014 NSSC 416
Parties
Petitioner: Natalie Dawn Nickerson; Respondent: David Edward Nickerson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 November 2014
Procedural Posture
Divorce / Final Trial and Judgment (divorce Hearing Resumed and Decided)
Outcome
Divorce granted; change of name granted; property and financial relief ordered including conveyance of matrimonial home, equalization payment, RRSP/pension division, child and spousal support, s.7 arrears, and costs.
Legal Topics
Equalization of Matrimonial Assets, Asset Valuation and Date of Valuation, Imputation of Income, Section 7 Extraordinary Child Expenses, Spousal Support Advisory Guidelines (ssag) Application, Trustee Act S.39 Enforcement
Source Language
English
Family Law Property Division Child Support Spousal Support Equalization of Matrimonial Assets Asset Valuation and Date of Valuation Imputation of Income Section 7 Extraordinary Child Expenses +2 more

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Parties

Natalie Dawn Nickerson

Petitioner

David Edward Nickerson

Respondent

Procedural Posture

Divorce / Final Trial and Judgment (divorce Hearing Resumed and Decided)

Legal Issues

  1. 1 Whether to grant divorce and change of name
  2. 2 Appropriate division of matrimonial property and valuation date
  3. 3 Whether unequal division is justified

Ratio Decidendi

Divorce granted and change of name ordered; equal division of matrimonial assets applied using parties' 2009 statements and an agreed $40,000 home valuation adjusted to $36,866.25 for division; respondent ordered to convey his interest in the matrimonial home to applicant (Sheriff authorized under Trustee Act s.39 if necessary); applicant owes a net equalization payment to respondent of $4,843.80 after accounting for debts and recorded judgment; respondent's RRSP with RBC (and any undisclosed matrimonial assets/pensions accrued during marriage) are subject to equal division and applicant entitled to one-half; respondent's income was imputed at $57,000.00 due to non-disclosure and child...

Court Disposition

Divorce granted; change of name granted; property and financial relief ordered including conveyance of matrimonial home, equalization payment, RRSP/pension division, child and spousal support, s.7 arrears, and costs.

Orders

  • Mr. Nickerson shall execute a quit claim deed conveying his interest in the matrimonial home to Ms. Langley failing which the Sheriff is authorized to execute a deed conveying his interest pursuant to s.39 of the Trustee Act.
  • Ms. Nickerson shall make an equalization payment to Mr. Nickerson in the amount of 4843.80 CAD.