S.K.B. v. S.P.

S.K.B. v. S.P.

Divorce is granted for breakdown by separation; custody is ordered as joint legal custody with primary care to the father because he has been the de facto primary caregiver and evidence does not support a change to shared care; spousal support is refused because the petitioner failed to prove entitlement and the respondent lacks capacity to pay while bearing sole financial responsibility for the children; the matrimonial home shall be marketed and sold with equity shared equally after ordinary disbursements, the respondent is solely responsible for the second mortgage and any furniture debt tied to the home, and pensions are not divided due to lack of evidence; ongoing financial...

Citation
2012 NSSC 121
Parties
Petitioner: S. K. B.; Respondent: S. P.
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 March 2012
Procedural Posture
Divorce / Judgment and Corollary Relief
Outcome
Divorce granted; joint custody with primary care to father; no spousal support; matrimonial home to be sold and equity divided equally with specified mortgage and debt allocations; pensions not divided for lack of evidence; child support pending petitioner's future income and ongoing disclosure ordered.
Legal Topics
Custody and Access Assessment, Compensatory Spousal Support, Division of Matrimonial Home, Division of Matrimonial Debts, Pension Disclosure and Division, Financial Disclosure Obligations, Income Tax Liability
Source Language
English
Family Law Divorce Custody and Access Spousal Support Child Support Property Division Pensions Debt Allocation +8 more

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Parties

S. K. B.

Petitioner

S. P.

Respondent

Procedural Posture

Divorce / Judgment and Corollary Relief

Legal Issues

  1. 1 Whether to grant divorce on ground of breakdown by separation
  2. 2 Allocation of custody and access between parents
  3. 3 Entitlement to spousal support and respondent's ability to pay

Ratio Decidendi

Divorce is granted for breakdown by separation; custody is ordered as joint legal custody with primary care to the father because he has been the de facto primary caregiver and evidence does not support a change to shared care; spousal support is refused because the petitioner failed to prove entitlement and the respondent lacks capacity to pay while bearing sole financial responsibility for the children; the matrimonial home shall be marketed and sold with equity shared equally after ordinary disbursements, the respondent is solely responsible for the second mortgage and any furniture debt tied to the home, and pensions are not divided due to lack of evidence; ongoing financial...

Court Disposition

Divorce granted; joint custody with primary care to father; no spousal support; matrimonial home to be sold and equity divided equally with specified mortgage and debt allocations; pensions not divided for lack of evidence; child support pending petitioner's future income and ongoing disclosure ordered.

Orders

  • Divorce granted on ground of permanent breakdown by separation in excess of one year
  • Parties share joint custody; children to remain in primary care of father; mother to have reasonable access at reasonable times on reasonable notice