Zakreski v. Zakreski, (1981) 10 Sask.R. 1 (UFC)

• Judge: Dickson, J.
• Case Date: January 20, 1981
• Jurisdiction: Saskatchewan
• Citations: (1981), 10 Sask.R. 1 (UFC)

Zakreski v. Zakreski (1981), 10 Sask.R. 1 (UFC)

MLB headnote and full text

Zakreski v. Zakreski

(No. 23)

Indexed As: Zakreski v. Zakreski

Saskatchewan Unified Family Court

Judicial Centre of Saskatoon

Dickson, J.

January 20, 1981.

Summary:

This case arose out of an application by a wife for maintenance and for the division of matrimonial property under the Matrimonial Property Act.

The Saskatchewan Unified Family Court awarded the wife maintenance of $250.00 per month. In addition the wife was given possession of the matrimonial home and the balance of the matrimonial property was divided equally between the husband and wife.

Family Law - Topic 2283

Maintenance of wives and children - Desertion defined - The Saskatchewan Unified Family Court referred to a definition of desertion - See paragraph 4.

Family Law - Topic 875

Husband and wife - Property rights arising from marriage, distribution orders - Statutes requiring equal division, exceptions - The Saskatchewan Unified Family Court stated that matrimonial property should be divided equally between a husband and wife notwithstanding illness or greater contribution to the acquisition of assets by one of the spouses - See paragraph 15.

Family Law - Topic 868

Husband and wife - Property rights arising from marriage, distribution orders - Matrimonial Property Act - Property subject to distribution - The Saskatchewan Unified Family Court held that a spouse's pension fund did not constitute matrimonial property available for distribution but was an asset from which maintenance obligations could be paid - See paragraph 17.

Family Law - Topic 875

Husband and wife - Property rights arising from marriage, distribution orders - Statutes requiring equal division, exceptions - The Saskatchewan Unified Family Court made an offsetting award to a wife where the husband's pension fund (a maintenance asset) was subject to contingencies which could result in the wife being unable to share in the asset - See paragraphs 21 and 22.

Family Law - Topic 2484

Maintenance of wives - Awards - Periodic payments - A husband earned $21,719.00 per annum and the wife, age 55, had an income of $400.00 per month (apart from her income from her share of the matrimonial assets) - The Saskatchewan Unified Family Court ordered the husband to pay the wife $250.00 per month.

Family Law - Topic 865

Husband and wife - Property rights arising from marriage, distribution orders - Matrimonial home - The husband deserted the wife - In such circumstances the Saskatchewan Unified Family Court gave possession of the matrimonial home to the wife until further order - See paragraph 22.

Conflict of Laws - Topic 4926

Property - Situs of personalty - Pension fund - The Saskatchewan Unified Family Court stated the situs of a pension is the residence of the pensioner - See paragraph 18.

Cases Noticed:

Rutherford v. Rutherford, 14 R.F.L.(2d) 41, refd to. [para. 17].

Middleton v. Middleton, 3 Sask.R. 33; 15 R.F.L.(2d) 251, refd to. [para. 18].

Statutes Noticed:

Matrimonial Property Act, S.S. 1979, c. M-6.1, sect. 20 [para. 13].

Authors and Works Noticed:

Power on Divorce (3d), vol. 1, p. 98 [para. 4].

Counsel:

D. Kendall, for the applicant;

M. Cherneskey, for the respondent.

This application was heard by DICKSON, J., of the Saskatchewan Unified Family Court.

The judgment of DICKSON, J., was delivered at Saskatoon, Saskatchewan, on January 20, 1981.