Poirier v. Poirier

Poirier v. Poirier

Court held matrimonial debt to be $56,337 and calculated net matrimonial assets retained by the wife as $14,781; ordinary equalization produced an amount owing to the wife but because husband wasted matrimonial assets by excessive gambling the court ordered him to assume responsibility for the consolidated loan and increased his equalization liability; employment pensions were divisible (wife entitled to 50% of husband's pension income from separation, values reduced by 24% tax estimate), the D.V.A. disability pension is excluded from division as non‑contributory/non‑vested, and no spousal support was ordered as the respondent did not demonstrate need after division.

Citation
2011 NSSC 170
Parties
Petitioner: Anne Marie Poirier; Respondent: Patrick Poirier
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
2 May 2011
Procedural Posture
Divorce and Matrimonial Property (family Division) / Trial Judgment
Outcome
Divorce granted; matrimonial property and pensions divided as ordered; D.V.A. pension excluded from division; no spousal support awarded; costs reserved for written submissions.
Legal Topics
Equalization, Unequal Division for Wasting, Pension Valuation and Division, Exemption of Disability Pensions, Classification of Matrimonial Debt, Tax Adjustment on Pension Values
Source Language
English
Family Law Matrimonial Property Pensions Spousal Support Debt Classification Equalization Unequal Division for Wasting Pension Valuation and Division +3 more

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Parties

Anne Marie Poirier

Petitioner

Patrick Poirier

Respondent

Procedural Posture

Divorce and Matrimonial Property (family Division) / Trial Judgment

Legal Issues

  1. 1 Whether matrimonial debt and assets should be equalized and whether an unequal division is warranted for wasting of assets by gambling
  2. 2 Whether employment pensions in pay and pension income received after separation are matrimonial assets subject to division
  3. 3 Whether the D.V.A. (disability) pension is a matrimonial asset or exempt from division

Ratio Decidendi

Court held matrimonial debt to be $56,337 and calculated net matrimonial assets retained by the wife as $14,781; ordinary equalization produced an amount owing to the wife but because husband wasted matrimonial assets by excessive gambling the court ordered him to assume responsibility for the consolidated loan and increased his equalization liability; employment pensions were divisible (wife entitled to 50% of husband's pension income from separation, values reduced by 24% tax estimate), the D.V.A. disability pension is excluded from division as non‑contributory/non‑vested, and no spousal support was ordered as the respondent did not demonstrate need after division.

Court Disposition

Divorce granted; matrimonial property and pensions divided as ordered; D.V.A. pension excluded from division; no spousal support awarded; costs reserved for written submissions.

Orders

  • Divorce granted.
  • Findings: matrimonial debt to be divided $56,337.00; wife retained matrimonial home with net matrimonial assets $14,781.00.