Important case out of the Court of Queen’s Bench of Alberta, Sorensen v Sorensen, 2020 ABQB 737.
The parties were married for almost 35 years. The majority of the issues had been resolved prior to trial, and the Wife received a $2.2 million lump sum payment in the property settlement.
The point at issue in the trial was spousal support and the Wife’s entitlement to same. The Husband took the position that the Wife was not entitled to spousal support primarily on the basis of the significant property settlement.
Ultimately, the Honourable Mr. Justice T. G. Rothwell granted spousal support to the Wife in the amount of $11,0000.00 per month indefinitely. In his decision, Justice Rothwell considered the Spousal Support Advisory Guidelines (“SSAGs”) and the ranges based on the Husband’s income of $502,529. Despite s. 11 of the SSAG, imposing a $350,000 “ceiling”, Justice Rothwell stating that “a ceiling should not be confused with a cap” and that spousal support can increase if an income exceeds $350,000.
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