What is the test for determining the proper maintenance of a spouse who has been awarded a divorce from her husband?
Alberta, Canada
The following excerpt is from A.K. v. S.K., 1975 ALTASCAD 29 (CanLII):
I must point out that in a case such as this where each party alleges mental cruelty against the other I do not believe that the real issue between the parties - money - is affected by who succeeds in obtaining a decree. As was said by Carmichael, J. in Dunn v. Dunn (1973) 1 N.S.W.L.R. 590 at p. 595: "…the slough of medievalism had been removed from the legal relationship of husband and wife upon dissolution of marriage." In determining what is proper maintenance for a spouse upon the dissolution of the marriage, one ought not to be affected by archaic concepts of fault when the marriage has simply failed because the parties cannot tolerate each other any longer. In saying this, I do not want it to be taken that I have said that conduct of the parties is never relevant but only that in this case, it is not.
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