The respondent in a family law proceeding brought a motion, with leave, for access to a jointly owned condominium so she could reside there pending its sale, and for interim spousal support.
After a 28-year marriage, the respondent had been living in a boarding house with no kitchen access while the applicant retained exclusive possession of the mortgage-free matrimonial home.
The court addressed a threshold jurisdictional question regarding an Associate Justice's authority over real property, finding jurisdiction on the basis that the order was incidental to the support motion and did not determine property rights.
The court declined to impute additional income to the respondent beyond $32,000, finding insufficient evidence to rebut her claim of disability.
Using the applicant's income of approximately $216,000 from his 2024 Notice of Assessment, the court ordered interim spousal support of $4,500 monthly, below the Spousal Support Advisory Guidelines range, accounting for the respondent's ability to reside in the condominium rent-free.
