If a husband and wife signed a spousal support agreement in 1994 that the wife would be self-sufficient by June, 1995, what is the difference between the parties?

Ontario, Canada


The following excerpt is from Borrelli-Steffes v. Steffes, 2002 CanLII 49542 (ON SC):

There is no evidence in the recitals in the agreement, in the material provided on the motion or in the transcripts of cross-examinations that, at the time of the agreement, the parties shared a mutual intention that the wife would be self-supporting by June, 1995. There was no evidence on which this court could find, as the court did in Dafoe v. Buddle, (supra) that at the time of the agreement both parties “contemplated self-sufficiency for the wife”. It was the wife’s evidence on her cross-examination that she thought that by June, 1995 she would have a job. It was the husband’s evidence on his cross-examination that he and his wife had never had any discussions as to whether she would get a job. The court is not able to find, on the evidence, that if the fact that the wife would not have a job by June, 1995 was known at the time of the agreement, the spousal support arrangements would have been different.

Other Questions


Does a party have to sign the Rules of Arbitration Agreement or must it be signed by the parties' solicitors? (Ontario, Canada)
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
If a party has delayed obtaining a spousal and/or child support order while trying to negotiate a settlement with the other party, is the recipient of that support order entitled to the recipient? (Ontario, Canada)
What is the test for spousal support under the Spousal Support Guidelines? (Ontario, Canada)
What is the test for temporary spousal support under s. 33(8) and (9) of the Spousal Support Guidelines? (Ontario, Canada)
What is the difference between retroactive child support and spousal support? (Ontario, Canada)
Is an entire agreement clause binding a party to whom the agreement was signed? (Ontario, Canada)
When a husband ceases to work when he could be working, when the wife's income is limited by the husband's lack of income, is that husband's absence of work not a bar to a support order? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
In a personal injury action brought by the wife against the husband for child support because of his drug addiction, does the wife rely on the law of drug addiction to argue that the husband's drug addiction would be wrong at law and contrary to public policy? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.