Stone v. Stone

Stone v. Stone

Retirement and reduction in payor income combined with the payor's pension being offset by the recipient's pension entitlement constituted a material change permitting reduction of spousal support, but because the recipient has health and employment insecurity and cannot access her pension, the court will not terminate support and instead reduce it to a nominal $1 per month to preserve the ability to revisit the issue.

Citation
2003 NSSC 131
Parties
Petitioner: SHARON ANN STONE; Respondent/applicant: JOHN ERVIN STONE
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 May 2003
Procedural Posture
Divorce Spousal Support Variation / Application to Vary (heard May 7, 2003; Oral Decision Released June 18, 2003)
Outcome
Application to eliminate spousal support denied; spousal support reduced to nominal amount of $1.00 per month.
Legal Topics
Variation of Support Order, Retirement as Change in Circumstances, Nominal Support to Preserve Jurisdiction, Income Disparity, Health and Job Insecurity
Source Language
English
Family Law Spousal Support Pension Division Variation of Support Order Retirement as Change in Circumstances Nominal Support to Preserve Jurisdiction Income Disparity Health and Job Insecurity

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

SHARON ANN STONE

Petitioner

JOHN ERVIN STONE

Respondent/applicant

Procedural Posture

Divorce Spousal Support Variation / Application to Vary (heard May 7, 2003; Oral Decision Released June 18, 2003)

Legal Issues

  1. 1 Whether the respondent's retirement constitutes a material change in circumstances justifying termination or reduction of spousal support
  2. 2 Whether recipient's entitlement to a portion of the payor's pension offsets entitlement to spousal support
  3. 3 Whether the court should reduce support to a nominal amount to preserve jurisdiction for future variation given recipient's health and inability to access pension

Ratio Decidendi

Retirement and reduction in payor income combined with the payor's pension being offset by the recipient's pension entitlement constituted a material change permitting reduction of spousal support, but because the recipient has health and employment insecurity and cannot access her pension, the court will not terminate support and instead reduce it to a nominal $1 per month to preserve the ability to revisit the issue.

Court Disposition

Application to eliminate spousal support denied; spousal support reduced to nominal amount of $1.00 per month.

Orders

  • Spousal support reduced to $1.00 per month.
  • Application to eliminate support otherwise dismissed; parties may return to court if circumstances materially change.