Waters v. Waters

Waters v. Waters

Because the respondent contributed substantial inheritance/gift funds that enabled acquisition of the matrimonial property and has demonstrable need for economic self-sufficiency, the court reapportioned the Willow Grove sale proceeds to 75% respondent/25% claimant (effected by $50,000/$10,000 split of $60,000 held in trust with interest split 5/6 and 1/6); pensions are divided consistent with the rule that only portions accrued during the marriage are divisible; RRSPs are equalized up to the divorce order; and spousal support is dismissed because the respondent failed to establish compensatory, needs-based or contractual entitlement beyond reapportionment.

Citation
2012 BCSC 21
Parties
Plaintiff/claimant: Ray Stewart Waters; Defendant/respondent: Noreen Marie Waters
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
10 January 2012
Procedural Posture
Family Law Divorce: Property Division and Spousal Support / Summary Trial Reasons for Judgment
Outcome
Partial judgment for respondent on property reapportionment and pension/RRSP division; respondent's spousal support claim dismissed; costs to be borne by each party.
Legal Topics
Equalization, Reapportionment, Inheritance Contributions, Part 6 Pension Division, RRSP Rollover
Source Language
English
Family Law Property Division Pensions Spousal Support Equalization Reapportionment Inheritance Contributions Part 6 Pension Division +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 1 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Ray Stewart Waters

Plaintiff/claimant

Noreen Marie Waters

Defendant/respondent

Procedural Posture

Family Law Divorce: Property Division and Spousal Support / Summary Trial Reasons for Judgment

Legal Issues

  1. 1 Proper reapportionment of net proceeds from sale of Willow Grove property given respondent's inheritance contributions
  2. 2 Whether claimant's RCMP pension is divisible
  3. 3 Division of municipal pension entitlements accrued during marriage

Ratio Decidendi

Because the respondent contributed substantial inheritance/gift funds that enabled acquisition of the matrimonial property and has demonstrable need for economic self-sufficiency, the court reapportioned the Willow Grove sale proceeds to 75% respondent/25% claimant (effected by $50,000/$10,000 split of $60,000 held in trust with interest split 5/6 and 1/6); pensions are divided consistent with the rule that only portions accrued during the marriage are divisible; RRSPs are equalized up to the divorce order; and spousal support is dismissed because the respondent failed to establish compensatory, needs-based or contractual entitlement beyond reapportionment.

Court Disposition

Partial judgment for respondent on property reapportionment and pension/RRSP division; respondent's spousal support claim dismissed; costs to be borne by each party.

Orders

  • Of $60,000 held in trust from sale proceeds, pay $50,000 to respondent and $10,000 to claimant; any interest to be allocated 5/6 to respondent and 1/6 to claimant
  • Part 6 division of claimant's municipal superannuation: respondent entitled to 50% of pension entitlements accrued by claimant between February 1996 and termination of that employment