L.J.H. v. J.A.Z.

L.J.H. v. J.A.Z.

Because the original consent order embodied both compensatory and non-compensatory elements, the wife's remarriage and increased means justified terminating the non-compensatory portion but not the compensatory portion; the court apportioned the original $6,000 monthly award as 50% compensatory and 50% non-compensatory and reduced ongoing support to the compensatory half ($3,000) effective June 1, 2014, with no retroactive reduction beyond May 1, 2014.

Citation
2014 BCSC 1384
Parties
Claimant: L.J.H.; Respondent: J.A.Z.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 July 2014
Procedural Posture
Divorce Act Spousal Support Variation / Application for Variation Heard and Decided (reasons for Judgment)
Outcome
Application partly allowed; spousal support reduced rather than terminated
Legal Topics
Variation of Support, Remarriage and Means, Compensatory Vs Needs Based Support, Retroactivity, Spousal Support Advisory Guidelines
Source Language
English
Family Law Divorce Spousal Support Variation of Support Remarriage and Means Compensatory Vs Needs Based Support Retroactivity Spousal Support Advisory Guidelines

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Parties

L.J.H.

Claimant

J.A.Z.

Respondent

Procedural Posture

Divorce Act Spousal Support Variation / Application for Variation Heard and Decided (reasons for Judgment)

Legal Issues

  1. 1 Whether the recipient spouse's remarriage and new spouse's means constitute a material change in circumstances warranting variation of spousal support
  2. 2 Whether the original spousal support award was compensatory, needs-based, contractual or mixed and the effect of that characterization on variation
  3. 3 Whether variation should be retrospective and to what date

Ratio Decidendi

Because the original consent order embodied both compensatory and non-compensatory elements, the wife's remarriage and increased means justified terminating the non-compensatory portion but not the compensatory portion; the court apportioned the original $6,000 monthly award as 50% compensatory and 50% non-compensatory and reduced ongoing support to the compensatory half ($3,000) effective June 1, 2014, with no retroactive reduction beyond May 1, 2014.

Court Disposition

Application partly allowed; spousal support reduced rather than terminated

Orders

  • Spousal support reduced to $3,000 per month effective June 1, 2014, reviewable on the husband's full or partial retirement
  • No retroactive reduction ordered beyond May 1, 2014