Shaw v. Shaw

Shaw v. Shaw

On the balance of probabilities the wife proved entitlement to relief: the husband dissipated assets and failed to provide medical evidence to rebut imputation, so income of $26,000 was imputed to him; pensions accrued during marriage are divisible equally; given the parties' means and the wife's disability and...

Source-derived case information.

Citation
2009 NSSC 353
Parties
Petitioner: Sherryl Dale Shaw; Respondent: John Gregory Shaw
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 November 2009
Procedural Posture
Divorce (family Division) / Final Judgment
Outcome
Divorce granted and relief awarded to petitioner as detailed in orders
Legal Topics
Burden of Proof (civil), Imputation of Income, Dissipation of Assets, Equal Division of Pensions, Periodic Spousal Support, Lump Sum Spousal Support, Life Insurance Beneficiary Designation, Continuation of Health Benefits, Credit and Bankruptcy Consequences
Source Language
english
Family Law Divorce Matrimonial Property Spousal Support Pension Division Insurance/health Benefits Bankruptcy Impact on Matrimonial Relief Burden of Proof (civil) +8 more

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Summary, issues, holding and outcome

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Parties

Sherryl Dale Shaw

Petitioner

John Gregory Shaw

Respondent

Procedural Posture

Divorce (family Division) / Final Judgment

Legal Issues

  1. 1 What is the burden of proof?
  2. 2 How should matrimonial assets and debts be divided (including pensions)?
  3. 3 Should income be imputed to the respondent?

Ratio Decidendi

On the balance of probabilities the wife proved entitlement to relief: the husband dissipated assets and failed to provide medical evidence to rebut imputation, so income of $26,000 was imputed to him; pensions accrued during marriage are divisible equally; given the parties' means and the wife's disability and need, the husband must pay periodic spousal support of $650/month in addition to half the gross military pension and a lump sum of $1,610.60 for immediate medical/dental needs; the husband must provide life and health insurance coverage or reimburse according to specified percentages.

Court Disposition

Divorce granted and relief awarded to petitioner as detailed in orders

Orders

  • Divorce granted based on one year separation.
  • Equal division of the respondent's pensions (Department of National Defence and School Board) from date of plan entry to date of separation, including increases by indexation or interest.