McLearn v. McLearn

McLearn v. McLearn

Divorce granted; income was imputed to petitioner because she was able to work but chose not to and offered no medical evidence; petitioner was ordered to pay historic child support of $7,403 based on imputed minimum-wage full-time income for the relevant period; respondent was ordered to pay compensatory spousal support (retroactive and prospective) but non-compensatory need-based support was eliminated due to petitioner's long-term cohabitation where her partner covers her living expenses; pension accrued to separation is to be equalized; Kennetcook inherited property is classified 20% matrimonial and divided accordingly; the matrimonial home is to be sold and net proceeds divided with...

Citation
2024 NSSC 36
Parties
Petitioner: Angela McLearn; Respondent: David McLearn
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
21 February 2024
Procedural Posture
Divorce / Corollary Relief (family Law) / Final Decision (judgment)
Outcome
Divorce granted; historic child support ordered from petitioner; retroactive and prospective spousal support awarded to petitioner in reduced quantum due to re-partnering; matrimonial home to be sold; pension to be divided; Kennetcook inherited property partially classified as matrimonial; net sale proceeds to be...
Legal Topics
Imputing Income, Retroactive Support, Spousal Support Advisory Guidelines, Cohabitation/re Partnering, Equal Division, Classification of Assets, Excluded Asset (inheritance), Valuation, Sale of Matrimonial Home
Source Language
English
Family Law Divorce Child Support Spousal Support Matrimonial Property Pension Division Imputing Income Retroactive Support +7 more

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Parties

Angela McLearn

Petitioner

David McLearn

Respondent

Procedural Posture

Divorce / Corollary Relief (family Law) / Final Decision (judgment)

Legal Issues

  1. 1 Whether divorce should be granted
  2. 2 Whether petitioner should pay historic child support and amount
  3. 3 Whether income should be imputed to petitioner and in what amount

Ratio Decidendi

Divorce granted; income was imputed to petitioner because she was able to work but chose not to and offered no medical evidence; petitioner was ordered to pay historic child support of $7,403 based on imputed minimum-wage full-time income for the relevant period; respondent was ordered to pay compensatory spousal support (retroactive and prospective) but non-compensatory need-based support was eliminated due to petitioner's long-term cohabitation where her partner covers her living expenses; pension accrued to separation is to be equalized; Kennetcook inherited property is classified 20% matrimonial and divided accordingly; the matrimonial home is to be sold and net proceeds divided with...

Court Disposition

Divorce granted; historic child support ordered from petitioner; retroactive and prospective spousal support awarded to petitioner in reduced quantum due to re-partnering; matrimonial home to be sold; pension to be divided; Kennetcook inherited property partially classified as matrimonial; net sale proceeds to be...

Orders

  • Divorce granted.
  • Matrimonial home at 43 Sharon Drive, Sackville to be listed and sold; net sale proceeds held in trust and divided equally with detailed conditions and a minimum listing price of $124000.