Does a spouse have to continue to pay spousal support and the terms of the agreement with respect to property be set aside?
British Columbia, Canada
The following excerpt is from Young v Sherk, 2019 BCSC 312 (CanLII):
In De Medeiros v. Hodgson, 2018 BCSC 408, the court found the claimant did not make out his case that the terms of the agreement with respect to property should be set aside under any of the factors set out in s. 93(3), but that the portion related to spousal support was severable from the rest of the agreement, and should be set aside due to ss. 164(3)(a) and (c) as the respondent failed to disclose all of her income and the claimant did not understand that he was agreeing to pay the respondent spousal support indefinitely. As such, the court, at para. 141, set aside the portion of the agreement pertaining to spousal support and replaced it with an order that was “substantially different” than what was agreed to in the negotiated agreement.
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