Robaczewski v. Larson

Robaczewski v. Larson

On the interim record the court found entitlement uncontested and that respondent had access to funds through intertwined corporate entities and the family trust such that he had the means to pay interim support; accordingly the court ordered interim spousal support of $2,000 per month, to be secured by life insurance or another acceptable means, with fuller accounting of corporate and trust finances reserved to the final hearing.

Citation
2017 NSSC 21
Parties
Petitioner: Anna Malgorzata Robaczewski; Respondent: John Frederick Larson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
11 January 2017
Procedural Posture
Divorce Act Spousal Support Application / Interim Motion (interim Hearing)
Outcome
Interim order granted: respondent ordered to pay interim spousal support of $2,000 per month to petitioner; security by life insurance or other acceptable means required; detailed accounting of corporate/trust funds reserved for final determination; respondent to preserve beneficiary designations pending order.
Legal Topics
Interim Spousal Support, Imputation of Income/means, Attribution of Corporate/trust Funds, Piercing Corporate Veil, Security for Support, Fiduciary Duties
Source Language
English
Family Law Spousal Support Trusts and Corporations Civil Procedure Interim Spousal Support Imputation of Income/means Attribution of Corporate/trust Funds Piercing Corporate Veil +2 more

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Parties

Anna Malgorzata Robaczewski

Petitioner

John Frederick Larson

Respondent

Procedural Posture

Divorce Act Spousal Support Application / Interim Motion (interim Hearing)

Legal Issues

  1. 1 Entitlement to interim spousal support
  2. 2 Respondent's ability/means to pay
  3. 3 Whether corporate and trust resources can be attributed to respondent

Ratio Decidendi

On the interim record the court found entitlement uncontested and that respondent had access to funds through intertwined corporate entities and the family trust such that he had the means to pay interim support; accordingly the court ordered interim spousal support of $2,000 per month, to be secured by life insurance or another acceptable means, with fuller accounting of corporate and trust finances reserved to the final hearing.

Court Disposition

Interim order granted: respondent ordered to pay interim spousal support of $2,000 per month to petitioner; security by life insurance or other acceptable means required; detailed accounting of corporate/trust funds reserved for final determination; respondent to preserve beneficiary designations pending order.

Orders

  • Respondent ordered to pay interim spousal support of $2,000 per month to Petitioner, payable immediately
  • Interim spousal support to be secured by life insurance or other means acceptable to the parties