MacLeod v. Marshall

MacLeod v. Marshall

On the totality of the evidence the parties were living separate and apart as of July 1, 2010; accordingly divorce was granted on that ground, spousal support entitlement was non-compensatory and appropriately runs for six years post-separation (ending July 1, 2016) and after accounting for direct payments and collections no further spousal support is owing, and there is no equalization payable because matrimonial assets were encumbered and largely lost or subject to bankruptcy after the date of separation.

Citation
2018 NSSC 302
Parties
Petitioner/applicant: Alan MacLeod; Respondent: Shellie Marshall
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 November 2018
Procedural Posture
Divorce / Trial Judgment
Outcome
Divorce granted; no further spousal support payable; no equalization or property award to respondent.
Legal Topics
Date of Separation, Spousal Support Arrears and Credits, Property Division and Bankruptcy, Adjournment Motion, Credibility Findings
Source Language
English
Family Law Divorce Spousal Support Matrimonial Property Maintenance Enforcement Procedural Law Date of Separation Spousal Support Arrears and Credits +3 more

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Parties

Alan MacLeod

Petitioner/applicant

Shellie Marshall

Respondent

Procedural Posture

Divorce / Trial Judgment

Legal Issues

  1. 1 Whether a divorce should be granted
  2. 2 Date of separation
  3. 3 Entitlement to and quantification of spousal support including arrears and credits

Ratio Decidendi

On the totality of the evidence the parties were living separate and apart as of July 1, 2010; accordingly divorce was granted on that ground, spousal support entitlement was non-compensatory and appropriately runs for six years post-separation (ending July 1, 2016) and after accounting for direct payments and collections no further spousal support is owing, and there is no equalization payable because matrimonial assets were encumbered and largely lost or subject to bankruptcy after the date of separation.

Court Disposition

Divorce granted; no further spousal support payable; no equalization or property award to respondent.

Orders

  • Divorce granted on the ground of breakdown of the marriage with the date of separation found to be July 1, 2010.
  • Maintenance Enforcement Program records to be adjusted to reflect a nil balance owing for spousal support and all enforcement actions to cease; monies from applicant's lump sum disability payout released to applicant.