What is the test for a variation in the amount of a payee's support for a long-term traditional marriage relationship?
Ontario, Canada
The following excerpt is from Armstrong v. Armstrong, 1992 CanLII 2807 (ON CJ):
[43] In Winsor v. Winsor, the parties had established a long-term traditional marriage relationship. On separation, the wife had been unable to meet her financial needs. This inability was clearly related to the role she assumed during the marriage, as was true in the case before me. The payee applicant sought a variation to increase the amount of her support, claiming that the cumulative effect of inflation constituted a material change in circumstances. The trial judge denied her application, holding that the effect of inflation was not drastic and that the effect of inflation was in the contemplation of the parties at the time that they signed the agreement. The appeal court held that the payee did not have to establish a radical change in circumstances and that the change that had occurred — that being an erosion of her purchasing power by inflation — constituted the material change in circumstances that she had to establish.
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