Wilson v. Wilson

Wilson v. Wilson

Divorce granted; matrimonial property divided with adjustments: pension to be valued at separation and divided at source; RRSPs equalized with a required rollover of $4,668.37 from respondent to petitioner; post‑separation RBC education line and window loan are not treated as matrimonial debts; disposition costs...

Source-derived case information.

Citation
2014 NSSC 300
Parties
Petitioner: Marilyn Frances Wilson; Respondent: Richard James Wilson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 August 2014
Procedural Posture
Divorce / Decision
Outcome
Divorce granted; corollary relief as set out ordered; each party to bear own costs.
Legal Topics
Equalization, Valuation Date, Post Separation Debt, Occupation Rent, RRSP Rollover, Pension Division at Source, Retroactive Support, CPP Disability
Source Language
english
Family Law Matrimonial Property Spousal Support Child Support Pensions and Benefits Equalization Valuation Date Post Separation Debt +5 more

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Parties

Marilyn Frances Wilson

Petitioner

Richard James Wilson

Respondent

Procedural Posture

Divorce / Decision

Legal Issues

  1. 1 Whether divorce should be granted
  2. 2 Proper valuation date and treatment of post-separation growth and debts for equalization
  3. 3 Whether RBC line of credit for daughter’s education is matrimonial debt

Ratio Decidendi

Divorce granted; matrimonial property divided with adjustments: pension to be valued at separation and divided at source; RRSPs equalized with a required rollover of $4,668.37 from respondent to petitioner; post‑separation RBC education line and window loan are not treated as matrimonial debts; disposition costs calculated with a 5% commission and specified HST/legal fees yielding home equity value used in equalization; equalization payment owing from respondent to petitioner is $60,203.14; child support order declined; spousal support of $1,400 per month awarded prospectively (indefinite, subject to variation) with retroactive spousal support fixed at $28,600 after credit for prior...

Court Disposition

Divorce granted; corollary relief as set out ordered; each party to bear own costs.

Orders

  • Divorce judgment granted
  • Matrimonial property equalized with net equalization payment of 60203.14 CAD payable by Richard James Wilson to Marilyn Frances Wilson