IN THE SUPREME COURT OF NOVA SCOTIA
(Pettigrew v. Pettigrew, 2005 NSSC 219)
Docket No.: S.K. No. 030272
Date: 20050808
Registry: Kentville
BETWEEN:
MARIANNE PETTIGREW
Petitioner
-and -
KENNETH ARTHUR PETTIGREW
Respondent
Library Sheet
Judge: The Honourable Justice Margaret J. Stewart
Heard: at Kentville, N.S. on April 11 & 12, 2005.
Subject: Divorce; valuation date of RRSP; spousal support; late retroactive
and current
Summary: 29 year traditional marriage; Respondent lived and worked in Saudi
Arabia for nine years earning disposable income of $9,000.00 per
month; Petitioner not working since 1995 and prior to that held clerical positions due to frequent moves. Completed a 24 month long occupational therapist assistant course in ten months but unable to find employment. Within six months of separation working and earning $11,772.00 per year. Respondent income imputed at $110,000. Discretion exercised and retroactive lump sum awarded.
Result: Current spousal support at $2,900.00 per month; lump sum
retroactive amount of $30,000 set off against equalization payment owing to Respondent. Remainder payable by retaining an account and forthwith payment; Respondent intentionally cashed in his RRSP;
Valuation date for Petitioner’s RRSP set at separation date.