IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Phinney v. Phinney, 2005 NSSC130
Date: 20050530
Docket: 1204-003429
Registry: Kentville
Between:
Charles Ronald Phinney
Petitioner
v.
Lesley Carolyn Phinney
Respondent
LIBRARY HEADING
Judge: The Honourable Justice Gregory M. Warner
Heard: At Kentville, N.S., on March 29, 30 and Apr 21, 2005
Final Written
Submissions: May 18, 2005
Subject: Divorce
Issue: Access, spousal support, division of matrimonial home and division of employment pension.
Summary: The parties were married in 1990 and separated in September, 2002. A custody report was prepared but during the trial the father conceded custody to the mother subject to an order for joint custody with generous access in accordance with the recommendations contained in the Custody Report. The father's income of $55,000.00 would result in child support in accordance with the Federal Child Support Guidelines.
Result: A review of s. 15.2(6) of the Divorce Act resulted in a minimal entitlement by Ms. Phinney to spousal support. Since separation her employment income had grown and she had entered into a new common law relationship with a partner with very good economic circumstances. Her minimal entitlement to spousal support was consumed by September, 2004. No future spousal support was ordered.
The equity of the matrimonial home (approximately $16,000.00) was divided equally and the home awarded to Ms. Phinney. Mr. Phinney's share of the equity was reduced by arrears of spousal and child support and the balance was adjusted in the division of Mr. Phinney's employment pension.
In accordance with Morash v. Morash, Mr. Phinney's employment pension was divided equally subject to an adjustment for his equity in the matrimonial home, which adjustment was made without the benefit of an actuarial report, resulting in an actual division of Mr. Phinney's employment pension that was the equivalent of an equal division of the benefits earned during the marriage.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.