3 total
Court orders sale of matrimonial home and awards husband interim spousal support, dismissing occupation rent claims.
The applicant husband and respondent wife brought a motion and cross-motion following a 27-year relationship.
The husband sought exclusive possession of the matrimonial home and spousal support, while the wife sought the sale of the home and occupation rent.
The court ordered the immediate sale of the matrimonial home pursuant to the Partition Act, dismissing the husband's claim for exclusive possession.
The court awarded the husband interim spousal support of $2,315 per month, noting his lower income as an artist compared to the wife's income as a pharmacist, and ordered the wife to secure the support with a life insurance policy.
The wife's claim for occupation rent was dismissed because she had not paid spousal support since separation and the husband had housed their dependent children.
Motion to dismiss family law application denied; prior consent order dividing pension did not release other claims.
The respondent husband brought a motion to dismiss the applicant wife's family law application, arguing that a prior consent order dividing his pension constituted a full and final settlement of all claims.
The court found that there was no agreement for the wife to release her other claims, such as spousal support and equalization, and that enforcing such an alleged agreement would be unconscionable given the wife's limited means and the traditional nature of the marriage.
The court dismissed the husband's motion to dismiss, allowed the wife to continue with her claims, and granted the husband's request for a divorce order.
Temporary joint custody ordered with primary residence to mother; father's request for 'Bird's Nest' order dismissed.
The parties brought competing motions for temporary custody, child support, and exclusive possession of the matrimonial home.
The applicant father sought a 'Bird's Nest' order where the parents would rotate in and out of the home, while the respondent mother sought sole custody and exclusive possession.
The court dismissed the request for a 'Bird's Nest' order, finding it unnecessary and disruptive to the mother's home-based employment.
The court ordered joint custody with primary residence to the mother, granted her exclusive possession of the home, and ordered the father to pay child support based on an imputed income of $71,000.
The mother's request for a restraining order was dismissed due to lack of objective evidence.
