In a recently released judgment (Schwabe) the Ontario Superior Court of Justice examined a case where spousal support was being paid after a long, traditional marriage had ended. Traditional in the sense that the wife had stayed at home with the children during the 3 year marriage while the husband pursued his career. When the marriage ended, the wife was unemployed and the husband was bringing in about $90,000 a year.

The couple separated in 1999. In 2000 they agreed to spousal support payments of $2,500 per month. When their divorce was granted in 2002 the court cut it back to $2000 per month which was to end in 2004 unless the wife had been unable to find full-time employment. She was not and so in 2004 the court extended the payments but, and this is important, it decided to divide the risk between the parties by reducing the payment to $1,000 per month.

Now in 2008 the husband had asked the court to end support but the court declined. It held that the wife had continued to do her best to find full-time employment, was working part-time, and was pursuing her education toward being better qualified for a full-time teaching job. So, the $1,000 monthly payments are to continue until the wife gets a full-time job. In 3 years, if nothing changes, the court will consider the husband’s request again.