Foster-Jacques v. Jacques

Foster-Jacques v. Jacques

On the facts the Wife is entitled to interim spousal support because she has been financially dependent on the Husband for at least a decade, has minimal independent income and limited employability, and the Husband has the financial ability to pay; the court assessed available income evidence, concluded the Husband's gross annual income is at least $500,000, and ordered interim spousal support of $15,000 per month commencing April 1, 2011; the Wife is granted interim exclusive possession of the Halifax condominium; costs are reserved with a filing schedule.

Citation
2011 NSSC 124
Parties
Petitioner: Sharon Foster-Jacques; Respondent: Hector Jacques
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
29 March 2011
Procedural Posture
Divorce Act Interim Spousal Support Motion / Interim Decision (motion Hearing)
Outcome
Interim spousal support awarded to Wife and interim exclusive possession of Halifax condominium granted; costs reserved with directions for submissions
Legal Topics
Interim Spousal Support, Entitlement and Quantum, Income Determination, Exclusive Possession of Matrimonial Home, Interim Costs
Source Language
English
Family Law Spousal Support Property and Possession Interim Spousal Support Entitlement and Quantum Income Determination Exclusive Possession of Matrimonial Home Interim Costs

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Parties

Sharon Foster-Jacques

Petitioner

Hector Jacques

Respondent

Procedural Posture

Divorce Act Interim Spousal Support Motion / Interim Decision (motion Hearing)

Legal Issues

  1. 1 Whether the Wife is entitled to interim spousal support under s.15.2 of the Divorce Act
  2. 2 The appropriate quantum of interim spousal support and basis for income imputation/assessment
  3. 3 Whether Wife should have interim exclusive possession of the Halifax condominium

Ratio Decidendi

On the facts the Wife is entitled to interim spousal support because she has been financially dependent on the Husband for at least a decade, has minimal independent income and limited employability, and the Husband has the financial ability to pay; the court assessed available income evidence, concluded the Husband's gross annual income is at least $500,000, and ordered interim spousal support of $15,000 per month commencing April 1, 2011; the Wife is granted interim exclusive possession of the Halifax condominium; costs are reserved with a filing schedule.

Court Disposition

Interim spousal support awarded to Wife and interim exclusive possession of Halifax condominium granted; costs reserved with directions for submissions

Orders

  • Husband to pay monthly spousal support to Wife in the gross amount of $15,000.00 commencing April 1, 2011
  • Wife granted interim exclusive possession of the Halifax condominium