What is the test for setting a time limit on the amount of maintenance payable by a husband to his wife?

British Columbia, Canada


The following excerpt is from Story v. Story, 1989 CanLII 5317 (BC CA):

In my view, the trial judge in this case, probably guided by Messier v. Delage (1983), 1983 CanLII 31 (SCC), 2 D.L.R. (4th) 1, [1983] 2 S.C.R. 401, 50 N.R. 16, declined to place a time-limit on the husband's obligation to support the wife because it was not then known whether the wife would be able to train herself for employment, or become wholly or partially self-sufficient. He anticipated that there might be an application to vary his order when such matters became known. Such was a completely appropriate disposition of the question of maintenance at that early stage.

Other Questions


What is the test for reapportioning a wife's share of her husband's property in accordance with the husband's contributions to the wife's first marriage? (British Columbia, Canada)
What is the test for apportioning property between a husband and wife in a marriage where the wife's inheritance was acquired during the marriage, and only the wife contributed to the expense and upkeep of the property? (British Columbia, Canada)
What is the difference between a husband and wife when the wife is a co-owner of a small business and the wife receives her share? (British Columbia, Canada)
Can a set-off of damages be set off against the amount owing to the applicant? (British Columbia, Canada)
In what circumstances will the court allow a husband to vary the terms of his maintenance agreement with his ex-wife? (British Columbia, Canada)
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
What is the basis for the husband's complaint that he was not given notice of an order for a lump sum payment from his wife to his wife? (British Columbia, Canada)
In what circumstances will a husband and wife be able to claim equal living standards of living with the wife when they separate from each other? (British Columbia, Canada)
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
How have the courts in BC considered the value of a husband’s home when the wife entered into joint tenancy with the husband? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.