Pendleton v. Pendleton

Pendleton v. Pendleton

Restraining order denied because past incidents were dated, parties had ongoing communications and there was insufficient present risk; applicant entitled to compensatory spousal support based on her contributions to payor's training and support during marriage and a connection between marriage and respondent's post-separation income increases; respondent's current income discounted to $72,500 to reflect post-separation initiative; award set at $350 per month for three years starting September 1, 2010; RRSP rollover of $7,588 to applicant agreed; disclosure adjourned; costs each party bears own costs.

Citation
2010 BCSC 1167
Parties
Plaintiff: Lloyd Patrick Pendleton; Defendant: Lynn Eileen Pendleton
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
16 June 2010
Procedural Posture
Divorce / Family Law Spousal Support and Restraining Order Motion / Oral Reasons for Judgment on Motion (interim Matters Determined as Final for Support)
Outcome
Restraining order denied; applicant awarded compensatory spousal support; RRSP rollover agreed; disclosure adjourned; costs reserved as each party bears own costs.
Legal Topics
Spousal Support, Compensatory Support, Non Compensatory Support, Restraining Order, Post Separation Income, Spousal Support Advisory Guidelines, RRSP Equalization, Disclosure
Source Language
English
Family Law Spousal Support Divorce Act Restraining Orders Property Division Income Tax Act (rrsp Rollover) Compensatory Support Non Compensatory Support +5 more

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Parties

Lloyd Patrick Pendleton

Plaintiff

Lynn Eileen Pendleton

Defendant

Procedural Posture

Divorce / Family Law Spousal Support and Restraining Order Motion / Oral Reasons for Judgment on Motion (interim Matters Determined as Final for Support)

Legal Issues

  1. 1 Whether a restraining order should be granted
  2. 2 Whether applicant is entitled to spousal support
  3. 3 If entitled, quantum and duration of spousal support

Ratio Decidendi

Restraining order denied because past incidents were dated, parties had ongoing communications and there was insufficient present risk; applicant entitled to compensatory spousal support based on her contributions to payor's training and support during marriage and a connection between marriage and respondent's post-separation income increases; respondent's current income discounted to $72,500 to reflect post-separation initiative; award set at $350 per month for three years starting September 1, 2010; RRSP rollover of $7,588 to applicant agreed; disclosure adjourned; costs each party bears own costs.

Court Disposition

Restraining order denied; applicant awarded compensatory spousal support; RRSP rollover agreed; disclosure adjourned; costs reserved as each party bears own costs.

Orders

  • Restraining order refused (no prohibitory order made)
  • Spousal support awarded to Lynn Eileen Pendleton in the sum of $350 per month for three years beginning September 1, 2010