Does the fact that a husband now has a new partner and does not work outside of the home in order to reduce the amount of support he pays for his first wife’s income support?
Ontario, Canada
The following excerpt is from Woodall v. Woodall, 2005 ONCJ 253 (CanLII):
[18] Nor does there appear to have been any sufficient change to justify interfering with the parties’ bargain. The husband can hardly rely on the fact that he now has a new partner or that his new partner does not work outside of the home to reduce support to his first wife. That was a choice that he made with knowledge that he had committed to indefinite but fixed support to his first wife. The husband referred to the fact that the wife did not pay her share of the family debts, which increased his costs and reduced his ability to pay. This was foreseeable and is one of the problems with parties sharing joint debts by agreement. Most importantly, the husband has his remedy on the contract and in the property division through set off. This is hardly a sufficient change to meet the threshold in Miglin v. Miglin, supra.
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