Wells v. King

Wells v. King

Judge found the parties were living separate and apart from 2005 based on credibility and documentary evidence; consequently Mr. King’s Ledcor pension is not a matrimonial asset, divorce is granted, Ms. Wells is not entitled to ongoing spousal support, and Ms. Wells must repay specified child support and...

Source-derived case information.

Citation
2015 NSSC 232
Parties
Petitioner: Terri-Lynne Wells; Respondent: Gerard Thomas King
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 August 2015
Procedural Posture
Divorce and Family Law / Final Judgment (trial)
Outcome
Divorce granted; separation found to have occurred in 2005; claim for division of Mr. King’s Ledcor pension dismissed; claim for ongoing spousal support dismissed; repayment orders made in favour of Mr. King.
Legal Topics
Date of Separation, Entitlement to Spousal Support, Matrimonial Property Exclusion for Post Separation Assets, Repayment of Child Support, Credibility Findings, Pension Division
Source Language
english
Family Law Divorce Property Division Spousal Support Child Support Maintenance Enforcement Date of Separation Entitlement to Spousal Support +4 more

Source-derived case record

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 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Terri-Lynne Wells

Petitioner

Gerard Thomas King

Respondent

Procedural Posture

Divorce and Family Law / Final Judgment (trial)

Legal Issues

  1. 1 What was the date of separation
  2. 2 Whether divorce should be granted
  3. 3 Whether Mr. King’s Ledcor pension is matrimonial property divisible under the Matrimonial Property Act

Ratio Decidendi

Judge found the parties were living separate and apart from 2005 based on credibility and documentary evidence; consequently Mr. King’s Ledcor pension is not a matrimonial asset, divorce is granted, Ms. Wells is not entitled to ongoing spousal support, and Ms. Wells must repay specified child support and overpayments to Mr. King.

Court Disposition

Divorce granted; separation found to have occurred in 2005; claim for division of Mr. King’s Ledcor pension dismissed; claim for ongoing spousal support dismissed; repayment orders made in favour of Mr. King.

Orders

  • Divorce granted.
  • Ms. Wells’ claim for division of Mr. King’s Ledcor pension dismissed; pension excluded as post-separation property.