Adie v. Adie, (1994) 134 N.S.R.(2d) 60 (SC)

• Judge: Goodfellow, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: August 24, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 134 N.S.R.(2d) 60 (SC);1994 CanLII 4290 (NS SC);1991 CanLII 4237 (NS SC);7 RFL (4th) 54;134 NSR (2d) 60;383 APR 60

Adie v. Adie (1994), 134 N.S.R.(2d) 60 (SC);

  383 A.P.R. 60

MLB headnote and full text

Marie Lucille Adie (petitioner) v. William P. Adie (respondent)

(1206-002267)

Indexed As: Adie v. Adie

Nova Scotia Supreme Court

Goodfellow, J.

August 29, 1994.

Summary:

A husband and wife separated after approximately 15 years of marriage. The parties agreed to a division of certain assets. The issues in this case were: (1) whether a pension earned by the husband entirely before the marriage was a matrimonial asset to which the wife was entitled; and (2) the wife's entitlement to maintenance.

The Nova Scotia Supreme Court held that the husband's pension was a matrimonial asset, but that the wife was not entitled to a share of it. The court ordered the husband to pay the wife maintenance of $625 per month.

Family Law - Topic 876

Husband and wife - Marital property - Distribution orders - Matrimonial assets - [See Family Law - Topic 880.28 ].

Family Law - Topic 880.28

Husband and wife - Marital property - Distribution orders - Particular property - Pensions - A husband and wife separated after approximately 15 years of marriage - The husband had earned a pension from working as a police officer in England from 1949 to 1974 - The pension was acquired exclusively by the husband before he had even met the wife - The Nova Scotia Supreme Court found that the pension was a matrimonial asset, but that in the circumstances it would be unfair and unconscionable to treat the pension as an asset to which the wife was entitled - See paragraphs 11 to 20.

Family Law - Topic 883

Husband and wife - Marital property - Considerations in making distribution orders - Contribution of parties - [See Family Law - Topic 880.28 ].

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance and awards - Awards - Periodic payments - A husband and wife separated after approximately 15 years of marriage - It was a second marriage for both of them - She was now 71 years old and he was 70 - The husband received gross pension income of approximately $1,500 per month, plus $565 from Old Age Security and Canada Pension Plan and $375 in interest income - The wife received $548 per month from Old Age Security and Canada Pension Plan and $60 investment interest - The Nova Scotia Supreme Court ordered the husband to pay spousal maintenance of $625 per month.

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance and awards - Awards - To wife - Extent of obligation - [See Family Law - Topic 4010 ].

Cases Noticed:

Clarke v. Clarke, [1990] 2 S.C.R. 795; 113 N.R. 321; 101 N.S.R.(2d) 1; 275 A.P.R. 1; 28 R.F.L.(3d) 113; 73 D.L.R.(4th) 1, refd to. [para. 12].

MacDonnell v. MacDonnell (1991), 103 N.S.R.(2d) 435; 282 A.P.R. 435 (T.D.), consd. [para. 15].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15(1), sect. 15(2), sect. 15(5), sect. 15(6), sect. 15(7) [para. 21].

Matrimonial Property Act, R.S.N.S. 1989, c. 275, sect. 4(1) [para. 11]; sect. 13 [para. 19].

Counsel:

Hugh R. McLeod, for the plaintiff;

Nancy M. Orkish, for the defendant.

This case was heard on August 24, 1994, at Sydney, Nova Scotia, before Goodfellow, J., of the Nova Scotia Supreme Court, who delivered the following decision on August 29, 1994.