Supreme Court

                        IN THE SUPREME COURT OF NOVA SCOTIA

                        Citation: Coxworthy v. Coxworthy, 2006 NSSC 205

                                                                                                     Date: 20060712

                                                                    Docket: 1201-058644 (SFHD-031727)

                                                                                                  Registry:  Halifax

Between:

                                                  Trina Coxworthy

                                                                                                               Petitioner

                                                             v.

                                                 Francis Coxworthy

                                                                                                            Respondent

Judge:                   Leslie J. Dellapinna, J.     

Subject:                 Divorce, custody and access determination, division of assets and debts, child support and spousal support.

Summary:             The parties began living together in November 1989, were married in June of 1990 and had one child, a son, aged 14 as of the date of the trial.  The parties separated in October 2003.  The wife sought sole custody of their son, an unequal division of matrimonial assets and debts in her favour, child support and spousal support.

The husband sought joint and shared custody of their son, an                 equal division of matrimonial assets and debts, was prepared to             pay child support (but the calculation of his income was in                                        dispute) and felt that his wife was not entitled to any spousal                  support.

Issue:                    1.  Custodial arrangements with respect to the parties’ son.

2.  The division of assets and debts.

3.  Child support, and

4.  Spousal support.

Result:                  1.  The parties’ son was attached to both of his parents and while both had different parenting styles it was determined that it was in his best interest to have an approximate equal time with both of his parents.  Joint and shared custody was ordered with physical care alternating every two weeks.

2.  The wife had received a substantial insurance settlement during the marriage as a result of injuries that she sustained in a motor vehicle accident.  That money was applied to the construction of the matrimonial home and to living expenses while the house was built.  An equal division was considered to be unfair and therefore and unequal division was ordered in favor of the wife considering subsections 13 (e), (i), (j) and in particular (k) of the Matrimonial Property Act.

3.  Child support was ordered taking into account the shared custody arrangement with child support to be reviewed once the matrimonial home had been sold and the parties both relocated.

4.  The wife was entitled to spousal support and                $200.00 per month was ordered (in addition to the child                        support).