The appellant husband appealed a trial judgment awarding the respondent wife $1,000 per month in spousal support, arguing it constituted impermissible double recovery from his equalized pension.
The wife cross-appealed for increased retroactive support.
The Divisional Court allowed the husband's appeal, finding the trial judge erred in law by encroaching on the equalized survivor pension to fund support.
The court reduced spousal support to $140 per month, representing half of the unequalized pre-marriage portion of the pension, and dismissed the wife's cross-appeal.
