Rea v. Rea, (1997) 120 Man.R.(2d) 259 (QBFD)

• Judge: Hamilton, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: August 29, 1997
• Jurisdiction: Manitoba
• Citations: (1997), 120 Man.R.(2d) 259 (QBFD)

Rea v. Rea (1997), 120 Man.R.(2d) 259 (QBFD)

MLB headnote and full text

Temp. Cite: [1997] Man.R.(2d) TBEd. SE.008

James Edgar Rea (petitioner) v. Agnes Mary Rea (respondent)

(File No. FD 92-01-30306)

Indexed As: Rea v. Rea

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Hamilton, J.

August 29, 1997.

Summary:

A husband and wife married in 1955, separated in 1991 and divorced in 1995. The wife was now 64. The husband was 66. All property issues were settled. The only re­maining issue was the wife's claim for spousal support.

The Manitoba Court of Queen's Bench, Family Division, awarded the wife $1,000 per month spousal support until the husband retired on June 1, 1998, and $850 per month thereafter.

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance awards - Periodic payments - A husband and wife married in 1955, separated in 1991 and divorced in 1995 - The wife was now 64 - The husband was 66 - All prop­erty issues were settled - The wife gave up her teaching career in 1967 to care for their three children - The husband agreed to pay $1,000 per month spousal sup­port until June 1, 1998, when he was to retire - The wife now received $1,400 per month income from a conservative invest­ment of her share of the husband's em­ployment pension - Upon retirement the husband's income would be $3,703 per month - The wife's income would be $2,277 per month - Both had a budget surplus - The husband claimed the wife would then be self-suffi­cient and should be penalized for not investing her share of the pension funds more wisely to achieve a higher return - The Manitoba Court of Queen's Bench, Family Division, was unwilling to question the wife's choice of a conservative invest­ment - The court awarded $1,000 per month until June 1, 1998, and $850 per month thereafter.

Family Law - Topic 4022.1

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

Family Law - Topic 4027

Divorce - Corollary relief - Maintenance awards - Effect of income or potential income of claimant - [See Family Law - Topic 4010 ].

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. 19].

Mason v. Mason (1995), 102 Man.R.(2d) 239; 93 W.A.C. 239 (C.A.), refd to. [para. 20].

Kloos v. Kloos (1996), 110 Man.R.(2d) 129; 118 W.A.C. 129 (C.A.), refd to. [para. 24].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15(5), sect. 15(7) [para. 23].

Counsel:

Jack A. King, for the petitioner;

Charlotte M. McCurdy, for the respondent.

This case was heard before Hamilton, J., of the Manitoba Court of Queen's Bench, Fam­ily Division, Winnipeg Centre, who delivered the following judgment on August 29, 1997.