Bos v. Bos, (1990) 99 N.S.R.(2d) 162 (TD)

• Judge: Boudreau, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: July 26, 1990
• Jurisdiction: Nova Scotia
• Citations: (1990), 99 N.S.R.(2d) 162 (TD)

Bos v. Bos (1990), 99 N.S.R.(2d) 162 (TD);

    270 A.P.R. 162

MLB headnote and full text

Laura Lillian Bos (petitioner by counterpetition) v. Johan Bos (respondent by counterpetition)

(Prothonotary File No. 1201-25411P)

Indexed As: Bos v. Bos

Nova Scotia Supreme Court

Trial Division

Boudreau, J.

September 28, 1990.

Summary:

A husband and wife divorced in 1983 after 30 years' marriage. The husband was paying $1,650.00 per month spousal maintenance and, on his retirement, applied to reduce his monthly maintenance payments.

The Nova Scotia Supreme Court, Trial Division, allowed the application and reduced maintenance to $1,050.00 per month.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments - A husband and wife divorced in 1983 after 30 years' marriage - The husband paid $1,650.00 per month spousal maintenance when forced to retire at age 58 because of health problems - He was earning $138,000.00 per year when he retired - The husband received $38,000-$39,000 per year pension and R.R.S.P. income - A huge cash severance payment was used to pay down debts - The 60 year old wife was unemployable (arthritis) - She had treasury bills and R.R.S.P.'s worth $78,000 - The Nova Scotia Supreme Court, Trial Division, held that a material change in circumstances reducing the husband's ability to pay justified a reduction in maintenance to $1,050.00 per month.

Counsel:

William M. Leahey and Tom Nepjuk, for the petitioner;

Jamie S. Campbell and Myrna Gillis, for the respondent.

This application was heard on July 26, 1990, at Halifax, Nova Scotia, in Chambers, before Boudreau, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on September 28, 1990.