Von Thiesenhausen v. Von Thiesenhausen, (1998) 233 A.R. 35 (QB)

• Judge: Coutu, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: September 14, 1998
• Citations: (1998), 233 A.R. 35 (QB)

Von Thiesenhausen v. Von Thiesenhausen (1998), 233 A.R. 35 (QB)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. DE.026

Elaine Phylis Von Thiesenhausen (plaintiff/petitioner) v. Andreas Von Thiesenhausen (defendant/respondent)

(Action Nos. 9504 00481 & 4804 5017)

Indexed As: Von Thiesenhausen v. Von Thiesenhausen

Alberta Court of Queen's Bench

Judicial District of Grande Prairie

Coutu, J.

September 14, 1998.

Summary:

The parties petitioned for divorce after 16 years of marriage. The issues were child and spousal support and the division of matrimo­nial property.

The Alberta Court of Queen's Bench granted the divorce and the determined the issues accordingly.

Family Law - Topic 865

Husband and wife - Marital property - Distribution orders - Matrimonial home - The parties petitioned for divorce after a 16 year marriage - The wife had custody of their three children - The wife sought, inter alia, the matrimonial home - The husband sought a subdivision of the land that the home sat on so he could keep using a shop and a cattle well - The shop was 150 to 200 feet from the residence - The Alberta Court of Queen's Bench awarded the wife title to the land - It was not in the best interests of the parties or their children that the land be subdivided given the continuing animosity between the parties and the in-laws - See paragraphs 107 and 108.

Family Law - Topic 882

Husband and wife - Marital property - Considerations in making distribution orders - Relevant considerations - [See Family Law - Topic 865 ].

Family Law - Topic 4010

Divorce - Corollary relief - Maintenance and awards - Awards - Periodic payments -The parties petitioned for divorce after a 16 year traditional marriage - The wife, 42, sought spousal support of $750/month - She had terminated her employment after the children were born - She now had limited skills and a part-time $8.00/hr job -She wished to take a teaching assistant course - The Alberta Court of Queen's Bench stated that the wife was economical­ly disadvantaged from the marriage or its breakdown - The delineation of marital functions had resulted in her economic dependence - The court awarded spousal support of $300/month given her ability to obtain income from other sources - The court refused to set a termination date because of the uncertainty of the wife securing employment after retraining but made the order reviewable after three years without a need to show a change in circumstances - See paragraphs 80 to 104.

Family Law - Topic 4021.1

Divorce - Corollary relief - Maintenance and awards - Awards - Considerations - Financial consequences of child care - [See Family Law - Topic 4010 ].

Family Law - Topic 4021.2

Divorce - Corollary relief - Maintenance and awards - Awards - Considerations - Leaving labour market for family responsi­bilities - [See Family Law - Topic 4010 ].

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance and awards - Awards - To wife - Consider­ations - [See Family Law - Topic 4010 ].

Family Law - Topic 4022.1

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

Family Law - Topic 4027

Divorce - Corollary relief - Maintenance and awards - 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; 43 R.F.L.(3d) 345, appld. [para. 82].

McKee v. McKee (1994), 153 A.R. 8 (Q.B.), refd to. [para. 86].

Story v. Story (1989), 23 R.F.L.(3d) 225 (B.C.C.A.), refd to. [para. 95].

Anderson v. Anderson (1990), 66 Man.R.(2d) 248; 27 R.F.L.(3d) 358 (Fam. Div.), refd to. [para. 99].

Brand v. Brand (1996), 186 A.R. 205 (Q.B.), refd to. [para. 100].

McAlister v. McAlister (1982), 41 A.R. 277; 23 Alta. L.R.(2d) 141 (Q.B.), refd to. [para. 106].

Dwelle v. Dwelle (1982), 46 A.R. 1 (C.A.), refd to. [para. 119].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15.2(4), sect. 15.2(6) [para. 81].

Counsel:

Kim Shipley, for the petitioner;

Robert Lewis, Q.C., for the respondent.

This case was heard before Coutu, J., of the Alberta Court of Queen's Bench, Judicial District of Grande Prairie, who delivered the following judgment on September 14, 1998.