Supreme Court of Nova Scotia
(FAMILY DIVISION)
Citation: MacLean v. MacLean, 2017 NSSC 263
Date: 20171010
Docket: 1201-069737
Registry: Halifax
Between:
James Patrick MacLean
Petitioner
v.
Theresa Bernadette MacLean
Respondent
________________________________________________________________________ LIBRARY HEADING
Judge: Justice Beryl A. MacDonald
Heard: September 11 and 15, 2017
Keywords: Family, Divorce, Spousal Support, Imputing Income, Retirement Allowance.
Legislation: The Divorce Act, R.S.,1985, c.3 s. 15.2
Matrimonial Property Act, R.S.N.S. 1989, c.275
Summary:
Husband commenced a Divorce proceeding in which Wife filed an Answer seeking spousal support and an equal share of Husband’s retirement allowance. Husband stopped paying previously ordered spousal support when he voluntarily retired from his employment at the age of 57. He cashed out his pension entitlement and alleged his reduction in income indicated he had no ability to pay spousal support.
2
The Wife remained entitled to spousal support. The Husband’s income was imputed based upon his previous employment income. The Wife was entitled to receive one-half of the Husband’s retirement allowance.
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