Tyler Johnson

The applicant spouse brought a motion for interim spousal support following separation after approximately 28 years of cohabitation and marriage without children.

The applicant had left the matrimonial home and her employment following separation and was receiving employment insurance benefits after prior health issues including cancer treatment.

The respondent conceded entitlement to support but disputed the amount, citing commuting and living expenses.

The court applied the Spousal Support Advisory Guidelines using updated income figures and considered the parties’ expenses and circumstances.

Interim support was ordered at the low end of the SSAG range.

The parties separated after a 12-year marriage governed by a marriage contract.

At trial, the court addressed issues including the designation of a pension survivor benefit, division of the proceeds from the sale of the matrimonial home, claims for rent and depletion of assets, and a claim for spousal support by the respondent.

The court dismissed the applicant's request to declare the pension designation irrevocable.

The court also dismissed the respondent's claim for a priority share of the home sale proceeds, finding that his contribution from previously excluded property lost its excluded character when used to purchase a jointly held asset.

The respondent's claims for asset depletion and spousal support were dismissed, though he was awarded a share of rental income.

The proceeds of the home sale were ordered to be divided equally, subject to minor adjustments.