Meisner v. Meisner

Meisner v. Meisner

Interpreting the settlement agreement as a whole and applying the Divorce Act, the court found the pension division triggered review but did not entitle the applicant to additional ongoing spousal support because the applicant has significant capital reserves and investment income, the parties were to live on reduced retirement income supplemented by capital, and the respondent’s obligation is terminated as of his last payment.

Citation
2012 NSSC 241
Parties
Petitioner/applicant: Heather May Meisner; Respondent: Larry Wayne Meisner
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
26 June 2012
Procedural Posture
Divorce/spousal Support / Final Decision on Variation
Outcome
Spousal support terminated as of the date of the respondent's last payment; costs reserved.
Legal Topics
Variation of Support, Interpretation of Settlement Agreement, Pension Division
Source Language
English
Family Law Spousal Support Property Division Variation of Support Interpretation of Settlement Agreement Pension Division

Case Brief

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Parties

Heather May Meisner

Petitioner/applicant

Larry Wayne Meisner

Respondent

Procedural Posture

Divorce/spousal Support / Final Decision on Variation

Legal Issues

  1. 1 Whether respondent must pay spousal support in addition to the pension share received by the applicant
  2. 2 Whether the division of the husband’s pension constitutes a change in circumstances under the Divorce Act warranting additional support
  3. 3 Whether applicant’s claimed financial need and asset disclosure justify continued spousal support

Ratio Decidendi

Interpreting the settlement agreement as a whole and applying the Divorce Act, the court found the pension division triggered review but did not entitle the applicant to additional ongoing spousal support because the applicant has significant capital reserves and investment income, the parties were to live on reduced retirement income supplemented by capital, and the respondent’s obligation is terminated as of his last payment.

Court Disposition

Spousal support terminated as of the date of the respondent's last payment; costs reserved.

Orders

  • Spousal support is terminated as of the date of Mr. Meisner's last payment.
  • Parties to make best efforts to agree on costs; the court will hear costs if the parties cannot agree.