The court considered an application by Wayne Biggar for spousal support and unequal division of net family property following the breakdown of his marriage to Donna Stratford (nee Biggar).
After reviewing the parties’ financial circumstances, contributions, and the evidence at trial, the court granted Mr. Biggar’s claim for spousal support on a non-compensatory basis, ordering a lump sum payment of $85,000 to be paid from Ms. Stratford’s share of the proceeds of sale of the matrimonial home.
The court dismissed Mr. Biggar’s claim for unequal division, finding that the remaining proceeds of sale should be divided equally, subject to adjustments for the spousal support award and a prior judgment against Mr. Biggar.
The court also found that, although an equalization payment was technically owed by Mr. Biggar, equitable considerations justified reducing it to zero.
