McKay v. McKay, (2005) 266 Sask.R. 294 (FD)

• Judge: R.S. Smith, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 11, 2005
• Jurisdiction: Saskatchewan
• Citations: (2005), 266 Sask.R. 294 (FD);2005 SKQB 220

McKay v. McKay (2005), 266 Sask.R. 294 (FD)

MLB headnote and full text

Temp. Cite: [2005] Sask.R. TBEd. MY.075

Linda McKay (petitioner) v. James McKay (respondent)

(2001 DIV. No. 643; 2005 SKQB 220)

Indexed As: McKay v. McKay

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

R.S. Smith, J.

May 11, 2005.

Summary:

The parties married in 1972 and separated in 2001. The wife sought spousal support under the Divorce Act.

The Saskatchewan Court of Queen's Bench, Family Law Division, awarded the wife $800 per month spousal support for four years.

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To wife - Considerations - The parties married in 1972 and separated in 2001 - The wife sought spousal support - She earned $63,471 annually, while the husband had earned over $137,000 the previous year - The Saskatchewan Court of Queen's Bench, Family Law Division, awarded the wife $800 per month spousal support for four years - The wife had moved to full-time employment after the separation and there was still a considerable disparity of lifestyles - At age 54, she had fewer assets and higher debt than one would expect for a party who had been gainfully employed as a nurse or community health worker since 1972 - But for the husband's unfortunate entrepreneurial experiences, she would have been more financially comfortable - Her self-sufficiency was precarious because of a debt burden that was inappropriate to her age.

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To spouse - Extent of obligation - [See Family Law - Topic 4022 ].

Family Law - Topic 4028

Divorce - Corollary relief - Maintenance awards - Effect of net worth (incl. trust funds) - [See Family Law - Topic 4022 ].

Cases Noticed:

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, refd to. [para. 47].

Bracklow v. Bracklow, [1999] 1 S.C.R. 420; 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211 (S.C.C.), refd to. [para. 47].

Authors and Works Noticed:

McLeod, James G., and Mamo, Alfred A., Annual Review of Family Law (2004), pp. 223 [para. 48]; 236 [para. 38].

Counsel:

H.A. Knott, Q.C., for the petitioner;

M.D. Popescul, Q.C., for the respondent.

This application was heard by R.S. Smith, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following decision on May 11, 2005.