W.A.R. v. E.R.R.

W.A.R. v. E.R.R.

The court held the assets are family assets and applied a 60/40 reapportionment under the Family Relations Act, recognizing the wife was economically disadvantaged by her role as homemaker; pensions are to be apportioned under the Act; interim spousal maintenance of $27,000 was awarded to the wife payable over three...

Source-derived case information.

Citation
2002 BCSC 1265
Parties
Plaintiff: W.A.R.; Defendant: E.R.R.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 June 2002
Procedural Posture
Divorce and Family Property/maintenance / Oral Reasons for Judgment on Rule 18 a Application
Outcome
Application granted in part: divorce-related relief including declarations of family assets, reapportionment, and spousal maintenance awarded.
Legal Topics
Reapportionment, Equalization of Family Assets, Spousal Maintenance, Pension Apportionment, Economic Consequences of Homemaker Role, Precedent: Moge V. Moge
Source Language
english
Family Law Divorce Property Division Spousal Support Reapportionment Equalization of Family Assets Spousal Maintenance Pension Apportionment +2 more

Source-derived case record

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 4 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

W.A.R.

Plaintiff

E.R.R.

Defendant

Procedural Posture

Divorce and Family Property/maintenance / Oral Reasons for Judgment on Rule 18 a Application

Legal Issues

  1. 1 Whether the assets are family assets subject to reapportionment
  2. 2 Appropriate apportionment between the parties (60/40)
  3. 3 Whether spousal maintenance is required and its amount/duration

Ratio Decidendi

The court held the assets are family assets and applied a 60/40 reapportionment under the Family Relations Act, recognizing the wife was economically disadvantaged by her role as homemaker; pensions are to be apportioned under the Act; interim spousal maintenance of $27,000 was awarded to the wife payable over three years in structured payments or as a lump sum at the husband's option, to address short-term need while the wife attains self-sufficiency.

Court Disposition

Application granted in part: divorce-related relief including declarations of family assets, reapportionment, and spousal maintenance awarded.

Orders

  • Assets declared family assets and reapportioned on a 60/40 basis in accordance with the Family Relations Act (resulting figures recorded by the court: Husband total $245,000; Wife total $331,180.88 as corrected).
  • Spousal maintenance of $27,000 awarded to the wife payable either as $12,000 in year one, $9,000 in year two and $6,000 in year three, or as a lump sum of $27,000 at the husband's option.