The parties separated after a 27-year marriage.
At trial, the judge ordered the wife to pay an equalization payment, ordered the husband to pay indefinite spousal support based on imputed incomes, and awarded full indemnity costs to the husband.
The wife appealed the spousal support, equalization, and costs orders.
The Court of Appeal allowed the appeal in part, finding that the trial judge failed to explain the basis for imputing $484,356 in annual income to the wife, precluding meaningful appellate review.
The court also set aside the costs award, finding the trial judge misapprehended the evidence regarding the husband's settlement offer and his degree of success at trial.
The spousal support and costs issues were remitted to the trial judge, while the equalization payment was upheld.
