Desnomie v. Desnomie, (2015) 482 Sask.R. 268 (QB)

• Judge: McIntyre, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 11, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 482 Sask.R. 268 (QB);2015 SKQB 277

Desnomie v. Desnomie (2015), 482 Sask.R. 268 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. OC.009

Kevin Michael Desnomie (petitioner) v. Sherry Leah Desnomie (respondent)

(2012 DIV No. 267; 2015 SKQB 277)

Indexed As: Desnomie v. Desnomie

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

McIntyre, J.

September 11, 2015.

Summary:

The parties cohabited for 25 years. They were married in 1999 and separated in 2012. At present, the wife cared for the parties' youngest child and two of their grandchildren. At issue was spousal support.

The Saskatchewan Court of Queen's Bench ordered the husband to pay spousal support of $800/month for five years.

Family Law - Topic 2213

Maintenance of spouses and children - General principles - Extent of duty to support - [See Family Law - Topic 4021.1 ].

Family Law - Topic 2329

Maintenance of spouses and children - Maintenance of spouses - Considerations - [See Family Law - Topic 4021.1 ].

Family Law - Topic 4021.1

Divorce - Corollary relief - Maintenance awards - Considerations - Financial consequences of child care and household responsibilities - The parties cohabited for 25 years - They were married in 1999 and separated in 2012 - The wife had worked at a full-time job for 17 years - Prior to that she looked after the parties' three children - She was now 45 and earned about $46,000 - The husband was 46 and earned $140,000 - Following separation, the wife cared for the parties' youngest child (age 13) - In October 2014, two of the parties' grandchildren (ages 6 and 7) moved in with the wife - As a result, the wife took a less stressful position with her company and no longer received bonuses or promotions - The wife sought spousal support - She argued that the calculation of her income for support purposes should be reduced by the extra expenses she incurred from caring for the grandchildren - The Saskatchewan Court of Queen's Bench rejected the wife's approach - Instead, the economic consequences of caring for the grandchildren was a factor in assessing the wife's means, needs and circumstances - It was reasonable for the wife to take in the grandchildren and was acknowledged by the husband as the appropriate thing to do - The husband was ordered to pay spousal support of $800/month - The parties' youngest child would be an adult in five years - Accordingly, the spousal support order would also be for a period of five years.

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To spouse - Considerations - [See Family Law - Topic 4021.1 ].

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To spouse - Extent of obligation - [See Family Law - Topic 4021.1 ].

Counsel:

R. Bradley Hunter, Q.C., for the petitioner;

Mervin Phillips, for the respondent.

This matter was heard before McIntyre, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on September 11, 2015.