Stringer v. Stringer

Stringer v. Stringer

Court held wife remains entitled to ongoing spousal support with both compensatory and non-compensatory components; husband's means include after-acquired assets so some income is imputed from his investments but at a conservative rate of return of 3% to avoid accelerated depletion of capital; applying those...

Source-derived case information.

Citation
2017 BCSC 1470
Parties
Claimant: Kathryn Ann Stringer; Respondent: Peter John Stringer
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 August 2017
Procedural Posture
Divorce Act Spousal Support Review / Review Hearing and Judgment (in Chambers)
Outcome
Spousal support reduced on review.
Legal Topics
Review of Spousal Support, Entitlement to Support, Income Imputation, Rate of Return on Investments, Compensatory Vs Non Compensatory Support, Means Including After Acquired Assets
Source Language
english
Family Law Divorce Spousal Support Property/asset Division Review of Spousal Support Entitlement to Support Income Imputation Rate of Return on Investments +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kathryn Ann Stringer

Claimant

Peter John Stringer

Respondent

Procedural Posture

Divorce Act Spousal Support Review / Review Hearing and Judgment (in Chambers)

Legal Issues

  1. 1 Whether the wife has continuing entitlement to spousal support
  2. 2 Whether entitlement is compensatory or non-compensatory and whether compensatory goals have been achieved
  3. 3 Proper method to determine husband's income for support including treatment of post-separation assets

Ratio Decidendi

Court held wife remains entitled to ongoing spousal support with both compensatory and non-compensatory components; husband's means include after-acquired assets so some income is imputed from his investments but at a conservative rate of return of 3% to avoid accelerated depletion of capital; applying those principles and the parties' circumstances the court reduced support from $5,000 to $3,250 per month effective June 1, 2016.

Court Disposition

Spousal support reduced on review.

Orders

  • Spousal support reduced from $5,000 per month to $3,250 per month effective June 1, 2016.
  • Each party shall bear their own costs.