Case information

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Family law – Divorce – Corollary relief – Whether courts below erred in refusing to award compensatory lump sum or in determining appropriate amount of support for former spouse and for children.

In 1992, the parties were married under the regime of separation as to property. At the time of the marriage, the respondent worked as an engineer and the applicant as a manager. The couple’s children were born in 1999, 2001 and 2005. In January 2005, the applicant voluntarily left her job in the context of a reorganization and then set about changing careers, including by returning to school. The couple separated in October 2007 and divorce proceedings were served in July 2008. As provisional measures, a judgment provided for gradual shared custody and awarded support for the children and the applicant.

The divorce judgment was rendered on October 31, 2012. At the time, the applicant was 45 years old and the respondent was 46. The applicant was still studying to become a psychotherapist and was not expected to finish until 2016. The parties had both amassed capital during the marriage, but there was still a disparity in this regard. The Superior Court confirmed an agreement between the parties concerning the partition of the family patrimony and the payment of certain special expenses, refused to award the applicant a compensatory lump sum or compensatory allowance, ordered the respondent to pay the applicant a lump sum of $36,000 as support, granted a provision for costs and set child support at $837.52 a month. The Court of Appeal dismissed the applicant’s appeal.