Supreme Court

Decision Information

Decision Content

                               SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Foster-Jacques v. Jacques, 2011 NSSC 124

 

 

Date: 20110329         

Docket: 1201-64463, SHFD-069582

Registry: Halifax

 

 

Between:

Sharon J. Foster-Jacques

Petitioner

v.

 

Hector J. Jacques

Respondent

 

 

LIBRARY HEADING

 

Judge:                            The Honourable Justice Beryl MacDonald

 

Heard:                            March 2, 2011, in Halifax, Nova Scotia

 

Written Decision:  March 29, 2011

 

Subject:                          Family Law; Divorce Act; Interim Hearing; Spousal                      Support; Determination of income.

 

Summary:             The Wife requested interim spousal support.  The Husband was directly covering the Wife’s living expenses and providing her $2,000.00 per month.  He wanted to continue this arrangement.  The Husband alleged his income had reduced since his retirement and the previous lifestyle could not be maintained.  

 

Issue:          Determination of the Husband’s income and the quantum of spousal support.

 


Result:                  The Wife had a significant non-compensable claim.  A review of her need suggested she required a net monthly income of $9,500.00. The Husband did not disclose the full details of his income as related to the sale of his business.  He had ability to pay spousal support in the amount of $15,000.00 per month that would provide the Wife, together with her CPP, an after tax net monthly income of $9,460.00.

 

 

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