THE ADVISORY GUIDELINES ONE YEAR LATER:

CASES, CRITICISMS AND RESPONSES, REVISIONS

Rollie Thompson and Carol Rogerson

A.            SOME CASES

1.         Appellate Decisions

Yemchuk v. Yemchuk, [2005] B.C.J. No. 1748, 2005 BCCA 406 (B.C.C.A.)(Prowse J.A.)

Married 35 years, one grown child, husband 63 at trial, wife 61.

Family assets divided equally, trial judge found no entitlement to spousal support

Entitlement found on appeal, both compensatory and non-compensatory grounds

Engineer husband retired early in 1997, as wife transferred to Manitoba in federal government

No issue as to duration, as husband only claiming support until wife retired at 65

Husband ‘s income $37,600, wife makes $75,000

Guidelines range under without child support formula: $1,190 to $1,580

Guidelines “a useful tool to assist judges”, “intended to reflect the current law” citing W. v. W.

Extensive discussion of Guidelines issues, not evidence but part of counsels’ submissions

Support fixed at $1,100, to reflect wife’s “expenses relating to employment (including clothing, transportation expenses and significant compulsory employee deductions)”

Tedham v. Tedham, [2005] B.C.J. No. 2186, 2005 BCCA 502 (B.C.C.A.)(Prowse J.A.)

Married 16 years, wife now 52 (47 at separation), husband now 47, traditional marriage

Two children, 20 and 21, “deemed independent”, direct support from husband

Wife earns $25,000 part-time retail, income imputed of $30,000

Husband estimated to earn $343,000 in computer software sales

Payment by husband of $95,850 to reapportion property

Was paying $1,589 child support and $4,000 spousal to wife

Chambers judge ordered dimishing time-limited support for 3 more years

$6,000/mo. year 1, $4,000 year 2, $2,000 year 3, then zero, to encourage self-sufficiency

No time limit, only partial compensation, indefinite order substituted, subject to

review if husband’s medical condition (legal blindness) interferes with income

Amount fixed at $6,000, Guidelines range stated as $6,300 to $8,500 for 8 to 16 years

Lower than range because of reapportionment order

(Without child support range: $6,260-$8,347, if incomes as stated)

[Custodial payor formula range (no child support from wife): $4,712-$6,283]

Kopelow v. Warkentin, [2005] B.C.J. No. 2412, 2005 BCCA 551 (C.A.)(Smith J.A.)

Married 12 years (plus one year cohab), 2 children 15 and 13, with wife

Wife earns $30,000, now 55 (49 at separation), husband earns $177,000

Wife challenging marriage agreement property division, 78 per cent to husband

Child support $1,995, wife also entitled to spousal support

Range $3,037-$4,015, $3,500/mo. ordered

With these support amounts, marriage agreement not unfair

2.         The Without Child Support Formula

Leading Decisions

Carr v. Carr, [2005] A.J. No. 391, 2005 ABQB 265 (Alta.Q.B.)(Veit J.)

Interim spousal support, 28 year marriage, 3 adult children, wife 51

Husband makes at least $150,000, wife $9,300 disability

Without child support formula explicitly used

Range $4,397-$5,863.  $5,000 ordered.

General reference to use of guidelines as “cross-check”

Modry v. Modry, [2005] A.J. No. 442, 2005 ABQB 262 (Alta.Q.B.)(Germain J.)

Guidelines argued by wife’s lawyer, husband’s income $1,266,000

29 year marriage, 4 grown children, income imputed to wife

Discussion of guidelines, but this above $350,000 ceiling, $9,900 ordered

Maitland v. Maitland, [2005] O.J. No. 2252 (Ont.S.C.J.)(Pardu J.)

Married 29 years, 4 adult children, wife 45 at separation

Wife has health problems, can’t work, no income

Husband works as truck driver, $28,439

Interim support $1,344, husband also pays $135/mo. for wife’s health insurance

Range $889-$1185 (or $754-$1050 deducting health ins.)

Exception for payor income $20-$30,000 noted, concerns re ability to pay

Support of $700 ordered

A.M.R. v. B.E.R., [2005] P.E.I.J. No. 83, 2005 PESCTD 62 (S.C.T.D.)(Matheson C.J.T.D.)

Together 11 years (married 4), no children, husband seeks interim spousal support

Husband receives WCB $11,858 non-taxable, grossed up to $13,525

Wife earns $18,557, also paying family debts

Below “floor” of $20,000, no ability to pay, no support

(Range by formula: $69-$92)

Other Trial Decisions

Upshall v. Upshall, 2006 CarswellNfld 21, 2006 NLUFC 5 (U.F.C.)(Dunn J.)

Married 22 years, 7 children, separated 1983 when wife 47, husband 49

1983 separation agreement: child support $650, spousal support $650

1987 divorce order: support $750, then $650 spousal only after last child 19

Spousal support varied down to $225 in 1992, now husband applies to terminate

Wife lived on social assistance and support, now OAS/FIS $12,238

Husband earning $42,015, remarried 1987, wife earning $11,648, 16-year-old son

Change in circumstances, but no variation, $225/mo. continued plus $100 on arrears

Amount less than ranges under formula

(Range would be $819 to $1,092, indefinite)

(Or range could be $637 to $850, if husband’s income reduced for subsequent child)

Elias v. Elias, [2006] B.C.J. No. 146, 2006 BCSC 124 (S.C.)(Bennett J.)

Married 24 years, wife 48 (47 separation), husband 50, 2 children out of home

Husband claims spousal support

Husband earns $50,000 in construction, building own house, cash jobs, in-kind bonuses

Wife earns $87,000 as lab tech, blip in overtime, $60,000 without overtime

No entitlement to spousal support, no requirement of equalization under Guidelines

(Range $312 to $416, indefinite)

Barrick v. Barrick, [2006] O.J. No. 219 (S.C.J.)(Mazza J.)

Married 33 years, children ?, income issues

Husband receiving WSIB grossed up to $40,000

No imputing income for failure to appeal unfavourable decision

No income imputed from alleged marijuana grow-op

Wife makes $14,300 from CPP disability, part-time work, investment income

Range stated by husband’s lawyer as $555 to $740, rejected as too low

Spousal support of $1,000 per mo. ordered, to equalize incomes

(Range actually $803 to $1,070, indefinite)

MacElwain v. MacElwain, [2006] N.B.J. No. 13, 2006 NBQB 19 (Q.B.) (d’Entremont J.)

Married 32 years, 3 adult children, traditional marriage, wife 61 (59 separation)

Equal division of sizeable property

Interim spousal support since 2003 of $4,500/mo.

Range stated as $5,405 to $7,207

$5,500 ordered, indefinite, review at husband’s retirement

Ahn v. Ahn, [2005] B.C.J. No. 2742, 2005 BCSC 1745 (S.C.)(Master Taylor)

Together 14 months, married 8 months, husband 57, wife 46

Husband earns $154,885, wife nothing

Wife left job in Washington State, earning $47,000 U.S., unable to work in Canada

Husband wanted executive assistant and wife

Interim spousal support of $3,500/mo. plus rent-free in house (husband pays $2,200/mo.)

Wife relies upon “compensatory exception” in Guidelines

Toews v. Toews, 2005 CarswellAlta 1885 (Q.B.)(Cairns J.)

Married 34 years, 2 adult children, wife 58 (55 separation), husband 58

Husband runs air charter business, earns $100,000

Wife at home, did bookkeeping in business, now no income

Interim spousal support $1,200 plus home expenses (2002), $4,800/mo. (2004)

Equal division of property

Spousal support of $3,500 indefinite, “well within the range”

(Range $3,125 to $4,166 indefinite)

Simpson v. Simpson, 2005 CarswellOnt 7025, [2005] O.J. No. 5119 (S.C.J.)(Cusinato J.)

Married 26 years, 2 children adults, wife 48 (46 separation), husband 50

Interim spousal support $1,500/mo.

Wife earns $18,050 driving school bus, etc.

Husband truck driver, income imputed, could work more, earn $60,000

Adopts ChequeMate mid-point, $1,531/mo., indefinite

(Range $1,311 to $1,748 indefinite)

Galambos-Towers v. Towers, 2005 CarswellOnt 6953 (S.C.J.)(Lofchik J.)

Together 16 years (married 12)

Wife receives $46,190 from CPP and disability pension, cancer after separation

Husband earns $38,554 plus $20,500 imputed return on assets, for $59,054

Top end of range stated as $182, orders $200 indefinite (range $138 to $171)

Collin v. Collin, 2005 CarswellOnt 7754 (S.C.J.)(Fragomeni J.)

Married 29 years, 2 adult children

1998 separation, spousal support $2,600, then $1,800 in 1999, then suspended

2002 order for $1,000/mo., terminating review order for 24 months

Wife earns $32,850 at WeightWatchers and dog sitting

Husband earns $50,000, disabled wife receives $6,000/year

Wife states range as $594 to $792 indefinite (range seems to be $536 to $714)

Spousal support continued, at $500/mo. indefinite

Chepil v. Chepil, [2006] B.C.J. No. 15, 2006 BCSC 15 (S.C.)(Ehrcke J.)

Married 24 ½ years, 3 grown children living with father, wife 46 (44 at separation), husband 52

Husband earns $63,000 as deputy sheriff, will retire at 57

Wife retrained as radiographer, recently started job at $55,000, student loans of $16,000

2003 do-it-yourself agreement valid, wife waives pension and spousal support claims

Pension waiver not “unfair”, Miglin applied, wife seeks $600/mo.

Advisory Guidelines considered, $250/mo. for 3 years, to assist wife to pay off loans

(Range $250-$333, indefinite)

Guzman v. Guzman, [2005] A.J. No. 1840, 2005 ABQB 908 (Q.B.)(Lee J.)

Married 35 years, traditional marriage, 3 grown children, both spouses 55

Husband earns $80,000 as heavy equipment operator, wife not employed outside home

Husband paying debts $1,820/mo., mostly matrimonial debts (about $1,500/mo.)

Indefinite order, range stated as $2,331 to $3,107

Debt payments deducted from husband’s income

Spousal support of $1,600/mo. equalizes incomes after adjustment for debt payments

Reitsma v. Reitsma-Leadsom, [2005] O.J. No. 5577 (S.C.J.)(Mazza J.)

Together 7 years, married 4, no children

1998 separation, interim order for $1,200, then 2001 order for $840/mo.

Husband brain injured, receives CPP and WSIB (not-taxable), gross income $39,084

Wife also brain injury (1982), other health problems, unemployable, no income

Application by husband to terminate, by wife to increase, spousal support

Support continued, not reduced from $840/mo.

Ordinarily would terminate after 7 years, following Bracklow

But not here as wife totally disabled and incident of violence by husband

Advisory Guidelines not sufficient reason to vary downwards

(Range would be $342 to $456, for 3.5 to 7 years)

Matthews v. Matthews, [2005] B.C.J. No. 2666, 2005 BCSC 1692 (S.C.)(McCallum J.)

Together 9 years (married 8), no children of marriage, wife 40 (39 at separation, husband 44

Wife earns $17,000 in Victoria, one son of previous relationship

Husband moved to Switzerland, earns $141,000 to $166,000

Husband pays child support of $1,450 for a previous child

Wife claims $4,500 interim spousal support, to equalize incomes

Husband says $1,400-$1,800 based on Guidelines

Entitlement, based on need and possibly compensation (left to trial)

Quantum of interim support should bear some relationship to final order

Interim support of $2,000/mo. ordered

(Range if husband’s prior child support deducted and $166,000 income: $1,328-$1,770)

(Range without deduction, $166,000: $1,676-$2,235)

McNamara v. Infantino, [2005] O.J. No. 5148 (S.C.J.)(Henderson J.)

Application to vary, 2004 order $1,800 spousal support, no details of marriage

Husband’s income reduced from $80,000 to $43,710 upon retirement

Wife no income, applications to CPP and LTD plan for disability

Guidelines considered to reduce support to $1,275/mo.

H.E.H. v. S.L.H., [2005] N.S.J. No. 472, 2005 NSFC 19 (F.C.)(Levy J.F.C.)

Married 32 years, 2 adult children, wife 51

Wife housecleaner part-time, earns $5,400

Husband machine operator, earns $30,636, new partner

Support fixed at $840/mo., 40% of gross income difference

Based on husband’s low income, his payment of medical/drugs for wife, new partner

(Range: $789-$1,051)

Larocque v. Larocque, [2005] S.J. No. 695, 2005 SKQB 440 (Q.B.)(Sandomirsky J.)

Together 19 years (married 6?), wife 36

Husband earns $58,000, wife earns $13,000 maximum cleaning

Wife entitled to non-compensatory support

Low end of range would be $1,067 (high end $1,425)

Wife seeks $1,000, granted

Wife’s school program finished in 2-3 years, but no time limit, indefinite

Gosling v. Gosling, [2005] B.C.J. No. 2421, 2005 BCSC 1580 (S.C.)(Williams J.)

Married 14 years, 2 children 24 and 22, with mother, not “children of marriage”

Separation in June 1992, wife 39 then (52 now), relationship continued after separation

Property reapportioned, home 72/28 to wife, husband’s pension 30% to wife

No retroactive spousal or child support, previous agreements

Wife earns $31,090, husband earned $86,262 in 2003 (2004 unusually high)

Guidelines mentioned, spousal support of $1,000/mo., indefinite

(Range by Divorcemate: $966-$1,287)

Poirier v. Poirier, [2005] O.J. No. 4471 (Ont.S.C.J.)(Charbonneau J.)

Married 34 years, 2 children

Husband earns $420,000 from businesses, wife $10,800 in interest income

Husband’s income fixed at “ceiling” of $250,000, wife imputed income of $50,000

Support of $7,000/mo., indefinite (40 per cent of gross income difference)

Law v. Law, [2005] A.J. No. 1315, 2005 ABQB 723 (Alta.Q.B.)(Clackson J.)

Married 35 years, 2 adult children, husband 57, wife 55

Husband earns $131,000, wife $51,000

Range $2,500-$3,333 (37.5 to 50 per cent), indefinite

Order for $3,000, to cease when husband retires and pension divided

To continue at 45 per cent of gross income difference

Nasby v. Nasby, [2005] S.J. No. 619, 2005 SKQB 422 (Sask.Q.B.)(Wilkinson J.)

Married 24 years, 4 children, youngest unemployed and with mother

Wife earns $14,195 as bartender, husband earns $72,779 (est.)

2001 agreement: $669 child support, $1,331 spousal support, $2,000 “cap”

Range $1,831 to $2,491 if 2004 incomes used

Or $1,344 to $1,792 if estimated lower incomes for 2005 used

Order of $2,000 maintained on interim basis until trial

Cunningham v. Montgomery-Cunningham, [2005] O.J. No. 4297 (Ont.S.C.J.)(Fragomeni J.)

Married 22 years, 1child 20 and independent

Wife says husband’s 2004 income $347,000, income at least $139,000

Wife’s income $101,800, says husband, at least $92,200

Order of $1,500 interim, “guided by” Guidelines

[Range estimated as $1,292 to $1,733]

Morash v. Morash, [2005] S.J. No. 618, 2005 SKQB 411 (Sask.Q.B.)(Wilkinson J.)

Married 31 years, 1 child now 27

Wife homemaker, now educational assistant, earns $20,674

Husband earns $73,263, made voluntary non-deductible payments of $1,441/mo.

Range stated as $2,037 to $2,717, order for $2,250 interim

Hesketh v. Hesketh, [2005] O.J. No. 4053 (Ont.S.C.J.)(Heeney J.)

Married 17 years, wife 54 (49 at separation)

Entitled on compensatory (many moves and lost job) and non-compensatory grounds

Wife earns $13,000, working 35 hours per week

Husband earned $85,667 in 2004

Interim voluntary support of $1,500

Range $1,544 to $2,059, indefinite (rule of 65)

Husband’s new partner makes $56,000, reason to go higher than range

Order for $2,200, indefinite, plus $424/mo. for 10 years for equalization payment

Rossi v. Rossi, [2005] O.J. No. 4136 (Ont.S.C.J.)(Flynn J.)

Married plus cohabited 23 months, husband and wife both 48

Voluntary support of $5,400 total over 4 months, then $2,000 interim for 15 mos.

Wife disabled, CPP plus business $16,000

Husband earns $71,000 plus

Maximum guidelines range $224 for 23 months, or $5,152, vs. $35,400 paid

Husband paid enough, support terminated

Adams v. Adams, [2005] O.J. No. 4117 (Ont.S.C.J.)(Platana J.)

Together/married for 10 years

Husband workers compensation $28,295 tax-free

Wife accident benefits and business $11,830 tax-free

Wife seeks $299 mid-point of range $256-$341

[Range $295-$393 if incomes properly grossed up]

Guidelines rejected and lower amount of $75/mo. ordered

Zedi v. Ristic, [2005] O.J. No. 3827, 2005 ONCJ 250 (Ont.C.J.)(Spence J.)

Married 9 years, no children, wife 59 and husband 46 at separation, wife now 63

Husband earns $32,500 as machinist, but “self-employed”, so taxed on $10,000

Wife makes $10,000-$13,000 at deli

Guidelines range stated as $208-$278, “too low”, $500/mo. ordered, indefinite

(If husband’s income grossed up for tax position, range would be $367-$489)

Woodall v. Woodall, [2005] O.J. No. 3826, 2005 ONCJ 253 (Ont.C.J.)(McSorley J.)

Married 11 ½ years, wife 42 and husband 33 at separation

Wife disabled, husband paid $1,200 every 2 weeks under 2002 separation agreement

Now $1,264 with COLA plus drug coverage

Husband earned $89,500 in 2002, then $115,000 in 2004

Changed to less stressful job paying $90,700, application to vary to reduce

Husband paying unconsolidated debts, new common-law wife not working

Guideline ranges ($1,565-$2,086) no application because of agreement

No variation clause, no Miglin, no change in circumstances

Gerlitz v. Gerlitz, [2005] A.J. No. 1132, 2005 ABQB 621 (Alta.Q.B.)(Veit J.)

Interim support, adjourned to trial, Guidelines don’t apply to entitlement

Married 25 years, parented sister’s children (now grown up)

Wife teacher, earns $80,000, assets of $359,000 plus pension and RRSPs

Husband engineer earns $200,000 (closer to $80,000 at separation), assets of $251,000

M.K.M. v. T.L.M., [2005] B.C.J. No. 1956, 2005 BCSC 1040 (S.C.)(McCallum J.)

Interim support, married 8 years (plus cohabitation), no children

Husband 47, some medical problems, no income

Wife earns $54,000, range stated to be $888-$1184

Carr cited, $1,200 ordered,”at higher end”, encouraged to seek employment

Bishop v. Bishop, [2005] N.S.J. No. 324, 2005 NSSC 220 (N.S.S.C.)(LeBlanc J.)

Together 13 years, 12 married, no children, wife 47 at separation

Wife health problems, irritable bowel syndrome, depression, etc., unable to work

Husband corporal in Armed Forces, earns $57,300, cohabiting with partner and her 2 children

Range reported as $1,188-$1,584 (but actually $931-$1,241)

$1,000 per month, for 10 years (11 in total), ordered

Pearce v. Pearce, [2005] B.C.J. No. 1757, 2005 BCSC 1153 (B.C.S.C.)(Dohm J.)

Married 30 years, 4 grown children, wife homemaker, 50 at separation

Husband makes $101,000, wife earns $25,000 from own business

Variation, $500 ordered previously, on assumption husband paying $405,000 debt

Range $2,375-$3,166, used as “cross-check”

$2,000 ordered monthly, plus $65,000 retroactive lump sum

Proctor v. Proctor, [2005] B.C.J. No. 1585, 2005 BCSC 1063 (B.C.S.C.)(Wilson J.)

Married over 20 years (?), 1 child not “of marriage” in 4 mos., wife 49 at separation

Equal division of family assets, husband doctor makes $247,000

Wife no income, and no efforts

Range $6,175-$8,233 (stated to be $7,103-$9,470, higher than existing awards)

Much discussion of “income equalization”

$5,000 ordered, indefinite, review in 3 years

Crosman v. Crosman, [2005] N.B.J. No. 272, 2005 NBQB 245 (N.B.Q.B.)(Clendening J.)

Married 25 years, 2 adult children, wife 42 at separation

Husband lieutenant colonel in Armed Forces, makes $100,000

Wife working on contract $46,764, interim support $1,850

Range $1,625-$2,208, wife requested $2,800, $1,625 ordered, for 5 years

Garland v. Garland, [2005] N.J. No. 139, 2005 NLUFC 13 (Nfld.U.F.C.)(Cook J.)

Married 27 years, 2 grown children, husband $31,500, wife $12,000

Range $608-$815.  $680, indefinite, ordered.

Coolen v. Coolen, [2005] N.S.J. No. 155, 2005 NSSC 78 (N.S.S.C.)(Warner J.)

Married 25 years, review of $900 order made in 2003

Husband makes $42,400, wife $9,800 disability plus imputed employment

Both new partners, wife’s deficit $575 (sharing new home)

Range $1,018-$1,358, support reduced to $750

Romaniuk v. Romaniuk, [2005] O.J. No. 1818 (Ont.S.C.J.)(Maranger J.)

Together 9 years (married 3), wife 38 at separation, husband $72,400

Wife in school til June 2006, husband went bankrupt, left with with debt

$2,000 ordered til June 2006, then $400 til debt paid in full

Guidelines “considered”, but no details (range would have been $815-$1,086)

Kletzel v. Kletzel, [2005] S.J. No. 323, 2005 SKQB 174 (Sask.Q.B.)(Sandomirsky J.)

Married 26 years, wife 47 at separation

2002 order of $1,100, application to vary by husband

Husband’s income reduced by early retirement and new job, to $74,900

Wife’s income reduced by health problems, to $19,000

No change in spousal support, amount in range of $1,046 to $1,395

Vanderham v. Vanderham, [2005] A.J. No. 655, 2005 ABQB 351 (Alta.Q.B.)(Verville J.)

Married 30 years, 2 adult children, wife 49 at separation

Interim order by consent for $2,200 per month, then reduced to $1,100

Wife earns $33,500 as clerk

Husband’s income as heavy equipment operator fluctuates, $80,000 estimated

Guidelines “a useful tool”

Range: $1,453-$1,937.  $1450 ordered, indefinite, review in 2 years

Crisall v. Crisall, [2005] A.J. No. 675, 2005 ABQB 411 (Alta.Q.B.)(Lee J.)

Married 8 years, no children

Husband union representative, earns $93,000

Wife previously earned $36-$60,000, temporarily unemployed

Order for $1,500 per month, review in 6 months

Range stated to be $795-$1,060, but doubts about “real merit” of guidelines

Correct range $930-$1,240

Denton v. Denton, [2005] N.S.J. No. 245, 2005 NSSC 155 (N.S.S.C.)(Moir J.)

Together 23 years, 19 married, wife 55 at separation

Wife hairdresser, working part-time only $8,000, imputed $30,000 full-time

Husband works overtime, income fixed at $60,000

Range $863-$1,150

Support reduced to $750, as husband larger debt load and equalization payment

3.         The With Child Support Formula

Leading Decisions

W. v. W., [2005] B.C.J. No. 1481, 2005 BCSC 1010 (B.C.S.C.)(Martinson J.)

Together 24 years (22 married), both in 40’s, professionals, 2 children with mother

Husband makes $125,000, wife makes $56,728

Child support $1,470

Range $745-$1,585, spousal support of $1,500 ordered, indefinite

Extensive discussion of Guidelines, “consistent with the law in British Columbia”

Fewer v. Fewer,  [2005] N.J. No. 303, 2005 NLTD 163 (N.L.S.C.)(Handrigan J.)

Married 16 ½ years, wife 44 at separation, husband 38, 1 child (15) with wife

Husband carpenter earns $35,893, wife works part-time at Walmart, earns $14,031

Child support $291

Guidelines range calculated by ChildView, zero to $224

$180 ordered, considering length of marriage, wife home for marriage, income difference

Duration fixed at 16 ½ years from separation, subject to variation

Kerr v. Kerr, [2005] O.J. No. 1966 (Ont.S.C.J.)(Blishen J.)

Married 16 years, 5 children with mother, husband $95,014, wife no income

Child support $2,085, plus some s. 7 expenses

Formula range stated as $794-$1,189, temporary spousal support of $1,000 ordered.

Other Trial Decisions

Lawrence v. Lawrence, [2006] B.C.J. No. 210, 2006 BCSC 167 (S.C.)(Ross J.)

Married 19 years, husband 42, wife 41 (40 separation)

4 children, 19, 19, 17, 15, with husband

Wife in Winnipeg with her parents, receiving $8,890/yr. social assistance

Husband earns $57,876 as manager of early childhood centre

Property divided, but home and substantial debts to husband

Custodial payor range, $836-$1,115, 9.5 to 19 years

Wife’s social assistance not to be included in her income

Compensatory claim after traditional marriage, wife with health problems, unemployed

Mid-point of range, $975/mo., review in 2 years as to wife’s self-sufficiency efforts

No reduction for debts, as considered in property division

Morgan v. Morgan, [2006] N.J. No. 9, 2006 NLTD 6 (S.C.T.D.)(LeBlanc J.)

Together 5 years (4 married), 2 children 8 and 6 (special