On interim family law motions following separation, the applicant sought spousal support, occupation rent, and an order for the partition and sale of the matrimonial home, while the respondent sought ongoing child support for the parties’ adult child who resided with him while attending university.
The court found prima facie entitlement to spousal support based on income disparity following a long marriage and applied the Spousal Support Advisory Guidelines using the parties’ actual 2012 incomes.
Retroactive spousal support was ordered from April 1, 2012, with different monthly amounts based on the parties’ changing incomes, and ongoing support was set at a lower amount.
The applicant was ordered to pay guideline child support for the child living with the respondent.
The court also ordered the immediate listing and sale of the matrimonial home under the Partition Act, with proceeds to be divided and part held in trust pending equalization.