SUPREME COURT OF NOVA SCOTIA
(FAMILY DIVISION)
Citation: O'Neil v. O'Neil, 2005 NSSC 95
Date: 20050427
Docket: 1201-58514
Registry: Halifax
Between:
Linda Margaret O'Neil
Petitioner
v.
Leonard Samuel O'Neil
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Moira C. Legere-Sers
Heard: November 22, 23, 2004; December 15, 2004; January 19, 2005;
February 4, 2005, in Halifax, Nova Scotia
Final Written
Submissions: March 31, 2005
Subject: Divorce, Request for unequal division of Assets, Spousal and Child Support, both retroactive and current. Retirement planning in issue
Summary: In this 33-year traditional marriage the self employed Respondent experienced health issues which impacted on his ability to provide as he has in the past. The Petitioner injected much of her inheritance into the family. She sought an unequal division of assets to assist her in keeping the matrimonial home. She seeks retroactive and current spousal support; and retroactive and current child support.
The Respondent seeks to have a termination of spousal support when he reaches retirement. He seeks to terminate the payment of mandatory child support after his child completes her undergraduate degree. The adult child intends to pursue post graduate education.
Result: Equal division of assets.
Limited retroactive spousal support as agreed. Ongoing spousal support with a caution regarding future income potential on the Respondent’s retirement. The Respondent will face a radical change on retirement. Current child support terminated two months after the undergraduate degree. No retroactive child support award.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.