The applicant proceeded by way of an uncontested family law trial seeking divorce, spousal support, child support for an adult child, equalization of net family property, and sale of the matrimonial home.
The court attributed annual income of $125,000 to the respondent based on partial financial disclosure.
The court held that the parties’ adult child, who struggled with drug addiction, was not a “child of the marriage” within the meaning of the Divorce Act because the evidence did not establish that his condition prevented him from withdrawing from parental charge or obtaining the necessaries of life.
Spousal support was awarded at $2,313 per month retroactive to October 2011, and equalization of $124,622.50 was ordered through division of the respondent’s pension.
The matrimonial home was ordered sold with the respondent’s share charged for spousal support arrears.
