What is the appropriate date for a review of a non-compensationable spousal maintenance order?
British Columbia, Canada
The following excerpt is from C.L.H. v. R.J.J.S., 2012 BCSC 579 (CanLII):
Generally review of maintenance orders is not to be encouraged (Leskun v. Leskun, 2006 SCC 25). However, given the uncertainty respecting the claimant’s disability and its effect on her ability to work I am of the view that a review in three years time from the date of this order is appropriate. That review shall determine whether the claimant remains entitled to continued non-compensatory spousal maintenance and whether that entitlement, if found, is based on her continued disability or if no longer disabled, shall determine if she has made reasonable efforts to become self-sufficient. Arrears
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