Mar 18, 2014

Summary of Ezurike v. Ezurike

Ezurike v. Ezurike, 2010 NSSC 156 (CanLII)
The corollary relief judgment (CRJ) required the wife to pay spousal support in an amount equal to the monthly reduction in the husband's pension after division. At the time the CRJ was issued, the husband had three children living with him. By the time the pension was divided, there had been several changes in circumstances. There were no longer any children living with the husband. The wife asked the court to vary the CRJ to reduce or eliminate spousal support. She did not start earning more than the husband until after they separated.The CRJ varied to eliminate spousal support payments, costs of $750 payable to the wife. The husband is not entitled to compensatory support: he did not suffer any economic disadvantage arising as a result of the marriage. The disadvantage arising as a result of the property (pension) division cannot give rise to a compensatory claim. The husband is not entitled to non-compensatory support: he has sufficient resources to live. Although the wife earns more now, the parties' pre-separation standard of living was not based on her present income. The husband was not economically dependant on the wife during the marriage and he currently has enough income to meet reasonable living expenses. The fact she has a higher income now, and the length of marriage alone does not entitle him to spousal support.