Williams v. Williams

Williams v. Williams

The court found the petitioner was entitled to spousal support due to economic disadvantage from assuming primary caregiving and delayed career development and ordered $500/month for three years from May 1, 2008 then $300/month thereafter with a review on or about May 1, 2014; the court found limited compensable contribution to the Murray Hill business and awarded $5,000 compensation under s.18; it accepted the 2010 market value of the matrimonial home at $157,500 and the mortgage balance of $56,733; it treated the Cooks Brook property as matrimonial but deducted the 1984 purchase price of $18,000 before equal division; RRSPs were to be computed at separation and discounted for taxes; it...

Citation
2010 NSSC 332
Parties
Petitioner: Florence Marlene Williams; Respondent: Stephen Michael Williams
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 August 2010
Procedural Posture
Divorce (family Division) / Decision (trial Judgment)
Outcome
Spousal support ordered; matrimonial property divided with specified adjustments; third‑party payment not characterized as a loan; student loans held non‑matrimonial
Legal Topics
Spousal Support Quantum and Duration, Equalization of Matrimonial Property, Compensation for Non‑monetary Contribution, Characterization of Third‑party Payments, Treatment of Post‑separation Debts, Asset Valuation and Disposition Costs
Source Language
English
Family Law Spousal Support Matrimonial Property Debt Allocation Spousal Support Quantum and Duration Equalization of Matrimonial Property Compensation for Non‑monetary Contribution Characterization of Third‑party Payments +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 3 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Florence Marlene Williams

Petitioner

Stephen Michael Williams

Respondent

Procedural Posture

Divorce (family Division) / Decision (trial Judgment)

Legal Issues

  1. 1 Whether Petitioner is entitled to spousal support and if so the quantum and duration
  2. 2 Proper valuation and division of matrimonial assets including the matrimonial home, Cooks Brook property and RRSPs
  3. 3 Whether Petitioner is entitled to compensation for work on the Murray Hill apartment business under s.18 of the Matrimonial Property Act

Ratio Decidendi

The court found the petitioner was entitled to spousal support due to economic disadvantage from assuming primary caregiving and delayed career development and ordered $500/month for three years from May 1, 2008 then $300/month thereafter with a review on or about May 1, 2014; the court found limited compensable contribution to the Murray Hill business and awarded $5,000 compensation under s.18; it accepted the 2010 market value of the matrimonial home at $157,500 and the mortgage balance of $56,733; it treated the Cooks Brook property as matrimonial but deducted the 1984 purchase price of $18,000 before equal division; RRSPs were to be computed at separation and discounted for taxes; it...

Court Disposition

Spousal support ordered; matrimonial property divided with specified adjustments; third‑party payment not characterized as a loan; student loans held non‑matrimonial

Orders

  • Spousal support of CAD 500 per month for 3 years commencing May 1, 2008
  • Thereafter spousal support of CAD 300 per month with a review set on or about May 1, 2014 and right of either party to apply to vary on material change of circumstances