Luke v. Luke

Luke v. Luke

Balancing the applicant's needs against the respondent's demonstrated ability to pay and the needs of the children, the court granted interim periodic spousal support of $2,000 per month (taxable to applicant) plus up to $2,155 per month in third party payments commencing April 1, 2003, refused interim lump sum support and interim suit money, and ordered limited interim redistribution of matrimonial assets (transfer of TD mutual fund account balance and equal division of specified RRSP by spousal rollover) because the assets were marital, represented a small portion of total assets and redistribution would not prejudice final division.

Citation
2003 NSSF 12
Parties
Petitioner/respondent: David F. Luke; Respondent/applicant: Rosamond Luke
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 April 2003
Procedural Posture
Divorce / Interim Application
Outcome
Interim relief granted in part and denied in part
Legal Topics
Interim Spousal Support, Interim Lump Sum Support, Interim Division of Matrimonial Assets, Interim Suit Money, Tax Treatment of Support, Ability to Pay
Source Language
English
Family Law Divorce Matrimonial Property Spousal Support Tax Law Interim Spousal Support Interim Lump Sum Support Interim Division of Matrimonial Assets +3 more

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Parties

David F. Luke

Petitioner/respondent

Rosamond Luke

Respondent/applicant

Procedural Posture

Divorce / Interim Application

Legal Issues

  1. 1 Whether interim spousal support should be ordered and in what amount
  2. 2 Whether interim lump sum support should be awarded
  3. 3 Whether an interim redistribution of matrimonial assets is appropriate

Ratio Decidendi

Balancing the applicant's needs against the respondent's demonstrated ability to pay and the needs of the children, the court granted interim periodic spousal support of $2,000 per month (taxable to applicant) plus up to $2,155 per month in third party payments commencing April 1, 2003, refused interim lump sum support and interim suit money, and ordered limited interim redistribution of matrimonial assets (transfer of TD mutual fund account balance and equal division of specified RRSP by spousal rollover) because the assets were marital, represented a small portion of total assets and redistribution would not prejudice final division.

Court Disposition

Interim relief granted in part and denied in part

Orders

  • Respondent to pay interim spousal support to applicant of $2,000 per month taxable in applicant's hands commencing April 1, 2003
  • Respondent to pay further third party payments for applicant's living expenses totalling no more than $2,155 per month; parties to agree allocation or file written submissions within two weeks