Court File and Parties
COURT FILE NO.: 5307/23
DATE: 2024-04-30
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
FRANCES JOLANDA COLAK
Applicant
– and –
JOSEPH MICHAEL FLORIO
Respondent
Counsel:
Bonnie L. Ostroski, for the Applicant
Trevor Simpson, for the Respondent
HEARD: April 25, 2024
Endorsement
GAREAU J.
[1] Before the court is the applicant’s motion for interim spousal support at Tab 6 of the continuing record.
[2] The applicant is asking the court to order the sum of $2,824.00 per month in interim spousal support. That amount is the mid-point on the Spousal Support Advisory Guidelines based on the 2023 income of the respondent being $104,237 and the projected income of the applicant for 2024 at $26,000 based on a 30-hour week at minimum wage. In 2023, the applicant had a taxable income of $41,153.00 made up of employment income of $13,173.00 and investments cashed in totalling $27,980.
[3] In 2024 the employment status is different for the applicant than she experienced in 2023 but it is difficult to know what exactly the applicant will earn in 2024.
[4] In my view, the best indicator of the incomes of the parties, for the purpose of calculating interim spousal support is their actual earnings for the year prior. That would have the applicant earning $41,153.00 and the respondent earning $104,237. I am aware that the applicant’s income includes RRSPs cashed in and this may not be reoccurring, but given the investments that the applicant has to cash in, a modest amount of investments on a yearly basis will not create an undue hardship for her. The level of income attributed to the applicant is consistent with the type of income earned by her in the past.
[5] The respondent takes the position that the applicant has not established entitlement to spousal support on an interim basis.
[6] I disagree. The fact that the applicant worked throughout the marriage does not disentitle her to spousal support. The applicant’s earnings were substantially less than the respondent. The applicant sacrificed her own advancement to enable the respondent to advance and to earn a higher income. The applicant balanced her responsibilities to care for their children while still maintain her place in the workforce. The applicant should not be punished for this. Furthermore, it is my view that the respondent has acknowledged the applicant’s entitlement to spousal support by voluntarily paying support which he arbitrarily and unilaterally discontinued as of September 1, 2023.
[7] Given the length of the parties’ relationship, some 27 years, the disparity in their respective incomes, and the respective asset positions of the parties, the respondent should pay interim spousal support to the applicant.
[8] Based on the parties’ 2023 incomes, interim spousal support is ordered to be paid by the respondent to the applicant in the amount of $2,300 per month, commencing September 1, 2023 when the respondent discontinued support. Any retroactivity of spousal support prior to September 1, 2023 is reserved to the trial judge.
[9] If costs of the motion at Tab 6 of the continuing record are in issue, counsel can provide written submissions of not more than five typed pages including offers to settle and bill of costs by May 17, 2024.
Gareau J.
Released: April 30, 2024
COURT FILE NO.: 5307/23
DATE: 2024-04-30
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
FRANCES JOLANDA COLAK
- And –
JOSEPH MICHAEL FLORIO
endorsement
Gareau J.
Released: April 30, 2024