Beck v. Beck, (2015) 363 Nfld. & P.E.I.R. 276 (NLTD(F))

• Judge: Fry, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: February 20, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 363 Nfld. & P.E.I.R. 276 (NLTD(F))

Beck v. Beck (2015), 363 Nfld. & P.E.I.R. 276 (NLTD(F));

    1129 A.P.R. 276

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MR.044

Klaus Beiter Beck (applicant) v. Linda Marie Beck (respondent)

(200602U0478; 2015 NLTD(F) 10)

Indexed As: Beck v. Beck

Newfoundland and Labrador Supreme Court

Trial Division (Family)

Fry, J.

March 13, 2015.

Summary:

Spouses separated in 2006 after 21 years' marriage and divorced in 2009. In a judgment reported [2009] Nfld. & P.E.I.R. Uned. 24, the husband was ordered to pay $1,800 per month spousal support. The order provided for a review hearing, any time after June 15, 2012, on the issues of the wife's education success and efforts to obtain permanent, better-paying employment. At trial, the wife earned $27,000 per year from employment and employment insurance benefits. She chose permanent, better-paying employment over further education, and now earned approximately $39,000 per year. The husband earned approximately $106,000 per year. The husband applied to terminate or reduce spousal support on the ground that the wife should now be self-sufficient, and would be but for certain lifestyle choices, including her refusal to sell the expensive marital home and permitting her mother and their children to live there rent-free.

The Newfoundland and Labrador Supreme Court, Trial Division (Family), in a judgment reported (2012), 329 Nfld. & P.E.I.R. 287; 1022 A.P.R. 287, dismissed the application. In January 2014, the husband applied to vary spousal support on the basis of a material change in circumstances.

The Newfoundland and Labrador Supreme Court, Trial Division (Family), allowed the application. Spousal support was continued for two years at $825 per month.

Family Law - Topic 4017

Divorce - Corollary relief - Maintenance awards - Variation of periodic payments or lump sum award - Spouses separated in 2006 after 21 years' marriage - When they divorced in 2009, the husband was ordered to pay $1,800 per month spousal support - The order provided for a review hearing any time after June 15, 2012, on the issues of the wife's education success and efforts to obtain permanent, better-paying employment - In 2009, the wife earned $27,000 per year from employment and employment insurance - She chose permanent, better-paying employment over further education, and now earned approximately $39,000 per year - She would receive annual salary increases in each of the next four years - The husband earned approximately $106,000 per year - The husband applied to terminate or reduce spousal support on the ground that his 49 year old wife should now be self-sufficient, and would be but for certain lifestyle choices, including her refusal to sell the expensive marital home and permitting her mother and their children to live there rent-free - The trial judge dismissed the application - Because the support order provided for a review, the husband need not establish changed circumstances - The wife's decision to seek permanent employment rather than education was reasonable, given a motor vehicle accident which left her out of the workforce and in a "desperate" financial situation - The wife was entitled to compensatory support for her stay at home role in the marriage, which caused her to forgo careers and miss opportunities - The wife had an obligation to make reasonable efforts to achieve self-sufficiency, which she did - She had no obligation to actually achieve self-sufficiency and, given her reasonable monthly expenses, she could not become self-sufficient without spousal support - The wife's challenged "lifestyle choices" were not unreasonable (except for occasionally housing their children rent-free), and did not significantly contribute to her inability to become self-sufficient - The court ordered that spousal support of $1,800 per month continue indefinitely - In 2014, the husband applied to vary spousal support based on changed circumstances - The husband had mental health issues which resulted in him being placed on temporary disability with a 33% salary reduction - The wife now had stable full-time employment ($42,700 per year) and their children were independent - The Newfoundland and Labrador Supreme Court, Trial Division (Family), allowed the application - "Indefinite" support was not "permanent" support - Spousal support was continued for two years at $825 per month.

Family Law - Topic 4022.1

Divorce - Corollary relief - Maintenance awards - To spouse - Extent of obligation - [See Family Law - Topic 4017 ].

Cases Noticed:

Wagstaff v. Marche (2014), 352 Nfld. & P.E.I.R. 216; 1097 A.P.R. 216; 2014 NLCA 28, refd to. [para. 27].

L.M.P. v. L.S. (2011), 424 N.R. 341; 2011 SCC 64, refd to. [para. 28].

Moge v. Moge (1992), 145 N.R. 1; 81 Man.R.(2d) 161; 30 W.A.C. 161 (S.C.C.), refd to. [para. 38].

Bracklow v. Bracklow (1999), 236 N.R. 79; 120 B.C.A.C. 211; 196 W.A.C. 211 (S.C.C.), refd to. [para. 38].

Collins v. Collins (2008), 281 Nfld. & P.E.I.R. 1; 863 A.P.R. 1; 2008 NLUFC 31, refd to. [para. 38].

Authors and Works Noticed:

Canada, Minister of Justice and Attorney General of Canada, The Spousal Support Advisory Guidelines: A New and Improved User's Guide to the Final Version (2010), p. 50 [para. 37, footnote 7].

McLeod, James G., and Mamo, Alfred A., Annual Review of Family Law (2013), p. 796 [para. 32].

Counsel:

Klaus Deiter Beck, on his own behalf;

Linda Marie Beck, on her own behalf.

This application was heard on February 20, 2015, at St. John's, N.L., before Fry, J., of the Newfoundland and Labrador Supreme Court, Trial Division (Family), who delivered the following judgment on March 13, 2015.