Does the Wife have a claim against the Husband under the Divorce and Divorce Act?

Alberta, Canada


The following excerpt is from Sembaliuk v. Sembaliuk, 1983 CanLII 1077 (AB QB):

Bowen J., after noting the above quotation from May went on in Murdoch v. Murdoch, supra, at pp. 5-6, to make the following comment: While there is no evidence that the wife at the time of the transfers was a creditor within the provisions of the section, I am of the view that she can rightly be included in the category of “others” as set out in the section. Further, at the time of the transfers her counterpetition for divorce and maintenance was extant having been filed on 4th December 1973. This gave her a claim against the husband within the meaning of the section, a claim of which the husband was well aware as shown by his evidence. It is to be noted also that the learned author speaks of a claimant that “may” become entitled to rank as a creditor, thus expressly contemplating a claimant who, while not a creditor at the time of the conveyance, may become one in the future.

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