IN THE SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: Bridger v. Bridger, 2008 NSSC 150
Date: 20080208
Docket: 1201-060884
Registry: Halifax
Between:
Bridger, Keitha
Petitioner
v.
Bridger, Craig
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Deborah Gass
Heard: January 7, 8 and 9, 2008 in Halifax, Nova Scotia
Written Decision: June 12, 2008
Subject: Divorce, custody and access, child support, spousal support, division of property and costs
Summary: The parties lived together for a total of 13 years, having been married for eight of those years. They have two children. They agreed on a parenting arrangement whereby the mother has primary care and the father has specified access. They owned a mobile home and a residential rental property. The husband abandoned the trailer and the landlord responsibilities without notice to the wife, resulting in considerable damage and deterioration to both properties. Husband disabled and in receipt of DVA pension, CPP, and Armed Forces pension. The wife is out of the work force, caring for two young children and in need of upgrading to obtain meaningful employment.
Issue: 1. Determination of income for child support purposes;
2. Entitlement, quantification and duration of spousal support;
3. Effective date of support order(s);
4. Determination of duration of relationship for pension division;
5. Whether there is a claim for unequal division of matrimonial property pursuant to s. 13 of the Matrimonial Property Act;
6. Whether costs are warranted.
Result: The DVA pension is non-taxable. This income, grossed up, and including CPP and CAFP was found to be $57,000 resulting in a guideline table amount of $810, effective August 1, 2006, being the first day of the month following separation. The CPP allowance for the children is not deducted from the guideline table amount.
Entitlement to spousal support established and fixed at $900/month effective January 1, 2008. Her claim for retroactive spousal support was dismissed.
Matrimonial assets were unequally divided in favour of the wife by virtue of the unreasonable impoverishment of the assets by the husband, pursuant to s. 13(a) of the Matrimonial Property Act.
Costs of $5,000 awarded to the wife.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.