Randy Bierworth

The court addresses a high-conflict family law dispute between former spouses regarding the division of proceeds from the sale of their matrimonial home, equalization of net family property, post-separation adjustments, and costs.

The respondent repeatedly failed to comply with disclosure obligations and court orders, resulting in significant delays and additional costs for the applicant.

The court ultimately orders that neither party owes the other an equalization payment, dismisses the applicant's claim for an unequal division of property, but grants her reimbursement for post-separation expenses, writs, and costs, all payable from the respondent's share of the sale proceeds.

The applicant sought spousal support and a declaration of an interest in a residential property following the breakdown of her relationship with the respondent.

The court found that the parties were common law spouses who cohabited for over 11 years.

The applicant was awarded non-compensatory spousal support due to her inability to work following a bipolar disorder diagnosis.

The court also found that the respondent was unjustly enriched by the applicant's contributions to the maintenance and preservation of the property, awarding her monetary compensation for her share of the joint family venture.

Following an uncontested family trial, the court addressed equalization of net family property, spousal support, and costs after granting a divorce.

The respondent had repeatedly failed to comply with disclosure orders and his Answer was struck, leaving the applicant’s evidence largely uncontested.

The court drew adverse inferences regarding undisclosed assets and attributed significant cash to the respondent when calculating net family property.

A vesting order transferred the respondent’s interest in the matrimonial home to the applicant to satisfy an equalization payment.

The applicant was also awarded retroactive and ongoing spousal support and substantial costs.