Family Lawyers Explain Spousal Support Entitlement

When two people enter a relationship, whether married or common law, they often find their lives financially intertwined. As family lawyers, we know that this can take many different forms. Both may choose to continue working, creating a dual income household. Other times, one person’s career will take a “back seat” to the other’s, allowing one to succeed and grow in their chosen field. In some circumstances, one person may remain at home to care for the children or household, foregoing a career and/or employment entirely.

Family law and financial consequences

The manner in which couples choose to structure their relationship, household, and careers can be problematic upon separation and may have serious financial consequences for one, or both, of the parties. In these circumstances, spousal support may be appropriate. Spousal support claims are one of many family law services that we help our clients with.

Spousal support is a payment made by one party to the other following separation. It is also sometimes referred to as “alimony”. Married couples are able to apply for spousal support under the Divorce Act, and common law couples are able to apply for spousal support under the Parenting and Support Act. Spousal support differs from child support, as its purpose is not for the benefit of the child. Rather, spousal support is awarded for the benefit of the spouse and can be awarded in circumstances where there are no children of the marriage.

Spousal support entitlement

When looking at a spousal support claim, a party must establish entitlement to spousal support. There are three primary categories under which a person can claim spousal support. Compensatory claims are aimed at exactly that – compensation for the roles adopted during the relationship which have resulted in an economic disadvantage to one party. Non-compensatory claims are claims involving financial “need.” And the final basis on which a person can claim an entitlement to spousal support is a “contractual basis”, involving an agreement or contract between parties.

Spousal support can be a complex issue to navigate and is often very fact specific. If you have questions about whether you are entitled to spousal support, or if you may be held responsible to pay spousal support, please contact one of our family law lawyers to schedule a consultation.

Thank You Sydney Logan

The lawyers and staff at Lenehan Musgrave LLP wish Associate, Sydney Logan well on her next venture as she moves back to her hometown of Saint John, New Brunswick. Sydney has been with Lenehan Musgrave since June 2018, and during that time has worked in the areas of Family Law and Personal Injury.

We have enjoyed working with Sydney and wish her all the best as she begins her legal career in New Brunswick.

COVID-19 and the effect on Lenehan Musgrave LLP

For our team at Lenehan Musgrave LLP, the well-being and safety of our clients, office, and community is a priority.  

Visiting Our Office

We are suspending all in person meetings where possible.  If you have a scheduled appointment at our office or plan to drop by, please call ahead. The Courts have not suspended operations at this time so filing deadlines will still be met by our offices and we will be contacting any clients affected by filing deadlines. We will happily reschedule appointments and are pleased to offer appointments by phone or video conference instead.  

We ask that all clients who are not feeling well in any way, or have traveled outside of Canada within the past 14 days, or interacted with someone who has been diagnosed with COVID-19 to avoid coming into our offices. We have asked our lawyers and staff who meet these criteria to not come into the office and to follow the directions of local public health authorities.

We anticipate further announcements and guidance from government authorities on their response to COVID-19.   Should it become necessary to close our office, we have plans in place so that our lawyers will remain accessible and responsive to our clients and the Courts.

Court Appearances

We are working with the Courts to determine the status of upcoming matters scheduled for an appearance.  If you have a Court appearance this week, please contact our office with any questions or concerns that you have.  The Courts are scheduling some matters by phone conference and in person appearances at the Court may not be necessary.  

In the event that the status of your Court appearance changes, we will be in touch with you to provide you an update at that time

Happy Holidays - 2019!

For the 6th consecutive year, the lawyers and staff at Lenehan Musgrave coordinated an office donation drive to donate items from the Phoenix House holiday wish list.

This year, personal injury lawyers, Kyle Campbell and Daniel Wood, delivered our donations to Phoenix House’s Administration & Fund Development Office in Halifax.

 At Lenehan Musgrave we feel privileged to have the opportunity to support Phoenix House which plays a vital role supporting youth in our community.

To learn more about the incredible work Phoenix House does all year round visit https://phoenixyouth.ca/

Kyle Campbell Joins Lenehan Musgrave LLP’s Personal Injury Law Firm

Lenehan Musgrave LLP is delighted to announce that Kyle Campbell joined our firm as our newest Associate Lawyer on November 13, 2019. Kyle’s practice will focus on personal injury law.

A Nova Scotia native, Kyle is a graduate of Saint Mary’s University, where he obtained his Bachelor of Arts degree in Criminology in 2012. While attending Saint Mary’s, Kyle was a member of the Dean’s list for academic accomplish, and participated in intramural sports.

Kyle obtained his Law degree from the University of New Brunswick in 2016. While in Law School Kyle was active in the community, volunteering his time with the Fredericton Legal Advice clinic. He returned to Nova Scotia to article and worked in a mid-sized full service firm, where he first gained experience working in Plaintiff personal injury law.

How Kyle works with personal injury claims

To Kyle, being a strong advocate means fighting for client’s full and fair compensation. Kyle’s personal injury cases are done on a contingency basis, meaning he does not get paid until his clients get paid. Kyle prefers to practice this way as it ensures that no matter what a client’s unique circumstances may be, no one is prevented from seeking legal representation from Kyle because they cannot afford legal services.

In addition to the practice of law, Kyle has a background of volunteering and working with disadvantaged communities, including at risk youth and adults with learning disabilities.

You can reach Kyle at 902-466-2200 or at kyle@lenehanmusgravelaw.ca.

Please join us in welcoming Kyle to our firm!

CBC’s “Diggstown” Show Films at Lenehan Musgrave LLP

Diggstown is a TV show set and filmed in Halifax/Dartmouth which airs on the CBC network. The show features a corporate lawyer, Marcie Diggs, who decides to make a career change. After a family member faces a malicious prosecution, Marcie is inspired to become a Legal Aid lawyer. Her goal is to work with the community and find justice for those facing racism, sexism and poverty.

After the success of Season One, filming for Season Two quickly started, with Lenehan Musgrave’s office as one of the set locations. All proceeds earned from allowing the office to be used as a set location, will be donated to Phoenix Youth.

Phoenix Youth is a local non-profit organization, that is dedicated to supporting youth between the ages of 11 and 24, their families and communities across multiple locations in Halifax. To learn more about Phoenix Youth, check out their website.

Season Two of Diggstown is slated for winter 2020. Keep an eye out for our office, located at beautiful Kings Wharf, Dartmouth. In the meantime, watch Season One of Diggstown here.

Amber Penney Becomes Lenehan Musgrave LLP Partner

We are pleased to welcome Amber Penney to our partnership, effective August 1, 2019. Amber is originally from Newfoundland and was called to the Newfoundland and Labrador Bar in June 2012 and to the Nova Scotia bar in July 2012. She has been practicing family law since that time. Amber joined Lenehan Musgrave LLP in 2017, and immediately became a valued member of our growing family law team.

Amber prefers to settle matters outside of court when possible, saving her clients from the financial and emotional costs of litigation, and encouraging her clients to determine their own resolutions whenever possible. Her knowledge of family law and dispute resolution benefits her clients both inside and outside the courtroom.

As a member of the Association of Collaborative Professionals of Nova Scotia, Amber has received training in dispute resolution and is a collaborative family lawyer. This certification has enabled Amber to create customized solutions and prioritize an interest-based approach for her clients.

Amber is also a member-at-large for the Canadian Bar Association Nova Scotia Branch and Vice Chair of the Canadian Bar Association Nova Scotia – Family Law Section. In this role, Amber hopes to work closely with the other section executive to provide ongoing professional development opportunities for section members, thereby improving the level of service family lawyers in Nova Scotia provide to their clients.

To learn more about Amber, please click here. You can reach Amber at 902-466-2200 or at amber@lenehanmusgravelaw.ca.

Please join us in welcoming Amber to the partnership!

Lenehan Musgrave Sponsors Toadstock 2019

Join the Bikers Down Society this weekend at the annual Toadstock fundraiser.  This event is taking place Saturday August 10, 2019 at the former River John High School, in Sydney, Nova Scotia. This event is in memory of a late member of the Bikers Down Society, Mike “Toad” Roach.

The goal of this event is to enjoy a fun camping experience while meeting other bikers and fundraising for the society. The weekend will include bonfires, karaoke and dance, lots of food and the annual Bike Games. Participate in the games, and have your chance at winning one of five $100 Amazon gift cards, donated by Lenehan Musgrave, among other prizes.

All proceeds from the event will go towards educating drivers on road safety, collision prevention and supporting fallen bikers. Bikers Down Society encourages all drivers to take responsibility for their safety and the safety of those they share the road with, adopting the motto “Look Twice, Save a Life”. To learn more about the event, visit Bikers Down Society’s website.

Lenehan Musgrave is proud to be a sponsor of Bikers Down Society, as well as a provider of legal support. The organization’s mission is much like our own when it comes to our personal injury practice. We both aim to provide excellent service to injured accident victims and their families.

If you have been injured in a motorcycle accident, please contact us for a free no risk consultation.