Supreme Court

Decision Information

Acker v. Acker

Court Supreme Court
Date 2014-01-20
Citation 2014 NSSC 5
Docket 1201-058497
Judge/Registrar/Adjudicator Legere-Sers, Moira (Honourable Justice) (SC)
Document Type Library Sheet
Relations Decision - Acker v. Acker - 2014 NSSC 5 - 2014-01-20 - Decision

Decision Content

                                          SUPREME COURT OF NOVA SCOTIA

(FAMILY DIVISION)

Citation: Acker v. Acker, 2014 NSSC 5

 

Date: 20140120

Docket: 1201-58497

Registry: Halifax

 

Between:

 

Maurice "David" Acker

Applicant

v.

 

Elaine Acker

Respondent

 

 

LIBRARY HEADING

 

 

Judge:             The Honourable Justice Moira C. Legere Sers

 

Heard:                        October 17, 2013 in Halifax, Nova Scotia

 

Subject:                      Review/Application to terminate spousal support.

 

Issue:                          Should the respondent's spousal support be terminated.

 

Summary:                  A 23-year non-traditional marriage.  Minutes of Settlement from 1995 permitted a review on or after October 1, 2007.  Review application initiated in 2013 when the respondent was 60 years of age.  Equal division of assets effected at separation.  Applicant improved his financial situation; the respondent did not. Court reviewed the law and the parties' circumstances of marriage and post divorce.

 

Result:                        Spousal support continued with a transition over the next five years, reduced until retirement.  At the applicant's anticipated retirement onus shifts to the respondent to prove continued entitlement.

 

 

 

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