Bailey v. Bailey, (2006) 283 Sask.R. 275 (FD)

• Judge: R.S. Smith, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 07, 2006
• Jurisdiction: Saskatchewan
• Citations: (2006), 283 Sask.R. 275 (FD);2006 SKQB 411

Bailey v. Bailey (2006), 283 Sask.R. 275 (FD)

MLB headnote and full text

Temp. Cite: [2006] Sask.R. TBEd. SE.042

Glen Allen Bailey (petitioner) v. Beverley Lynn Bailey (respondent)

(2002 DIV. No. 34; 2006 SKQB 411)

Indexed As: Bailey v. Bailey

Saskatchewan Court of Queen's Bench

Family Law Division

Judicial Centre of Saskatoon

R.S. Smith, J.

September 7, 2006.

Summary:

Spouses divorced. Pursuant to a settlement agreement, the husband was required to pay the wife monthly spousal support of $3,500. The husband applied to terminate his support obligations.

The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that the husband continue to provide monthly spousal support of $3,500 until December 2007. As of January 1, 2008, the husband's obligation would be at an end.

Family Law - Topic 3997

Divorce - Corollary relief - General - Economic self-sufficiency - [See Family Law - Topic 4022 ].

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - Awards - To wife - Considerations - Spouses divorced - The husband was required to pay the wife monthly spousal support of $3,500 - The husband applied to terminate his support obligations - He argued that the wife had sufficient time to become self-sufficient - After the separation, the wife attended university full time - She received a scholarship valued at $25,000 - In the fall of 2006, she would complete a teaching practicum in the Czech Republic and in February 2007, she intended to travel to New Zealand to attend university there - The husband argued that the wife's journey in academia was self-indulgent - The Saskatchewan Court of Queen's Bench, Family Law Division, ordered that the husband continue to provide monthly spousal support of $3,500 until December 2007 - It was reasonable for the wife to go to university in view of preparing herself for self-sufficiency - The wife's academic year in New Zealand would likely end in early summer of 2007 - It was not unreasonable to require the husband to support the wife to the end of that academic term and to provide a number of further months of support so that she could return to Canada and ready herself either for employment or make those necessary arrangements for self-supported academics.

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - Awards - To spouse - Extent of obligation - [See Family Law - Topic 4022 ].

Cases Noticed:

Moge v. Moge, [1992] 3 S.C.R. 813; 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161, consd. [para. 16].

Authors and Works Noticed:

McLeod, James G., and Mamo, Alfred A., Annual Review of Family Law (2005), p. 264 [para. 17].

Counsel:

G.G. Walen, Q.C., for the petitioner;

D.N. Tangjerd, for the respondent.

This application was heard by R.S. Smith, J., of the Saskatchewan Court of Queen's Bench, Family Law Division, Judicial Centre of Saskatoon, who delivered the following fiat on September 7, 2006.