Foster-Jacques v. Jacques

Foster-Jacques v. Jacques

Where alleged matrimonial misconduct bears on the applicant's need or inability to become self-sufficient, evidence of that misconduct is relevant and admissible on an interim spousal support motion; courts must consider the factors and objectives in s.15.2(4) and (6) of the Divorce Act and not restrict their analysis to need and ability to pay, therefore the motion to strike the detailed affidavit passages was dismissed.

Citation
2011 NSSC 43
Parties
Petitioner: Sharon J. Foster-Jacques; Respondent: Hector J. Jacques
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 February 2011
Procedural Posture
Divorce / Motion for Interim Spousal Support; Motion to Strike Portions of Affidavit
Outcome
Motion to strike dismissed. Costs in the cause.
Legal Topics
Interim Spousal Support, Misconduct in Marriage, Admissibility of Affidavit Evidence, Self Sufficiency, Statutory Interpretation
Source Language
English
Family Law Divorce Spousal Support Evidence Interim Spousal Support Misconduct in Marriage Admissibility of Affidavit Evidence Self Sufficiency +1 more

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Parties

Sharon J. Foster-Jacques

Petitioner

Hector J. Jacques

Respondent

Procedural Posture

Divorce / Motion for Interim Spousal Support; Motion to Strike Portions of Affidavit

Legal Issues

  1. 1 Whether evidence of spousal misconduct is admissible and relevant on an interim spousal support motion
  2. 2 Whether section 15.2(5) of the Divorce Act bars consideration of misconduct in assessing spousal support
  3. 3 Whether interim spousal support motions are limited to need and ability to pay or require consideration of all factors in s.15.2(4) and (6)

Ratio Decidendi

Where alleged matrimonial misconduct bears on the applicant's need or inability to become self-sufficient, evidence of that misconduct is relevant and admissible on an interim spousal support motion; courts must consider the factors and objectives in s.15.2(4) and (6) of the Divorce Act and not restrict their analysis to need and ability to pay, therefore the motion to strike the detailed affidavit passages was dismissed.

Court Disposition

Motion to strike dismissed. Costs in the cause.

Orders

  • Motion to strike portions of the petitioner's affidavit dismissed.
  • Costs of the motion to be in the cause.