spousal support

In this divorce case, the husband appealed the trial court’s decision to grant spousal support to the wife notwithstanding her adultery, based on the court’s finding that manifest injustice would otherwise result.  The appellant and the appellee were married for 20 years and had two children.  The appellant had a stable career in the trucking business and earned $250,000 per year and had assets totaling more than $6 million.  The appellee was the primary caretaker for the children and worked part-time as a receptionist earning $10 an hour.  She did not contest that she h

The appellant and the appellee were married for 21 years and had three children.  After the birth of their first child, by mutual agreement of the parties, the appellee stopped working and became a homemaker and the children’s primary caregiver.

The parties, Polish immigrants, divorced in Canada after approximately 25 years of marriage. The wife had a seventh grade education and no special skills or training. During the marriage, in addition to caring for their 3 children and the house, she worked evenings cleaning offices. After the separation, she was awarded custody of the children and received $150 per month spousal and child support and continued to work cleaning offices. The husband remarried in 1984 and continued to pay support to his former wife.

Mrs. Petlane, the plaintiff, sued her husband, alleging that he abused her regularly and caused her to leave their marital home. The plaintiff sought relief from the physical abuse, custody of the parties’ minor child, spousal support, and child support. The defendant did not allege an inability to provide for his wife and child, but insisted that they live together if he was going to provide that support.  First, the High Court found that it had jurisdiction because the parties had a civil marriage rather than a customary marriage, as the defendant claimed.

The petitioner-wife sought dissolution of her marriage on the grounds of abuse by the respondent-husband, who repeatedly physically abused her and threatened her with physical force when she tried to stop him from drinking.

The plaintiff sued the defendant, his ex-wife, to exclude him from the child's birth certificate and to terminate his child support payments. According to the plaintiff, there was no blood relationship between him and the child. The court ordered a genetic examination was ordered to establish paternity. However, the defendant refused to conduct it and evaded taking biological samples from the child.

The law defines matrimonial and family relationships and sets out protections of mothers’ and children’s interests in family life and upon divorce. The law establishes that men and women have equal rights in all aspects pertaining to family relationships and have freedom to marry upon reaching the age of marriage. The law provides that marriage should be entered into on the basis of mutual consent.