Digest: McCrea v McCrea, 2018 SKQB 215

• Date: July 18, 2019

Reported as: 2018 SKQB 215

Docket Number: DIV 603/17 JCS , QB18216

Court: Court of Queen's Bench

Date: 2019-07-18

Judges:

• Goebel

Subjects:

• Family Law � Spousal Support � Interim

Digest: The parties were married in 2005 and separated in 2017. The petitioner applied for interim spousal support of $800 per month retroactive to the date of separation. The respondent husband opposed the application on the ground that the petitioner had not established entitlement. The petitioner�s claim was based solely on the disparity in income between the parties. During the course of the marriage, the petitioner�s annual income was approximately $55,000 and the respondent�s was between $89,000 and $93,000. At the time they separated, both parties worked in a retail business owned in part by the respondent. Following the separation, the petitioner had moved initially to a rental suite and found new employment with a comparable income. She later quit that position and moved into her new partner�s home and started working for him at his fitness centre. The petitioner argued that she was entitled to interim spousal support because of the change in her lifestyle as she now had to work evenings and weekends.
HELD: The application was dismissed. The court found that on the evidence presented by the petitioner, her needs were being met. The respondent continued to pay for the expenses related to the family home and was making payments on their line of credit.

Cases Considered:

• Antonishyn v Boucher, 2011 SKQB 147, 373 Sask R 154
• Bracklow v Bracklow, [1999] 1 SCR 420, (1998) 169 DLR (4th) 577, [1998] 8 WWR 740, 44 RFL (4th) 1
• Cey v Cey, 2004 SKQB 493, 136 ACWS (3d) 711
• Ford v Ford, 2015 SKCA 23, 457 Sask R 19
• Frass v Frass, 2006 SKQB 189, 149 ACWS (3d) 1052
• Hein v Hein, 2004 SKQB 277, 132 ACWS (3d) 742
• James v Belosowsky, 2012 SKQB 316, 403 Sask R 12
• LaFreniere v LaFreniere, 2013 SKQB 114, 416 Sask R 231, 32 RFL (7th) 286
• Linn v Frank, 2014 SKCA 87, [2014] 10 WWR 215, 442 Sask R 126
• Marcotte v Marcotte, 2008 SKQB 223, 315 Sask R 280
• McKay v McKay, 2005 SKQB 220, 266 Sask R 294
• Scully v Scully, 2013 SKQB 58, 413 Sask R 215
• Wendt v Wendt, 2016 SKQB 227, 268 ACWS (3d) 617
• Wongstedt v Wongstedt, 2017 SKCA 100, [2018] 4 WWR 82, 287 ACWS (3d) 129, 3 RFL...