Koberlein v. Barral, (1994) 94 Man.R.(2d) 133 (QBFD)

• Judge: Duval, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 27, 1994
• Jurisdiction: Manitoba
• Citations: (1994), 94 Man.R.(2d) 133 (QBFD)

Koberlein v. Barral (1994), 94 Man.R.(2d) 133 (QBFD)

MLB headnote and full text

Klaus Koberlein (petitioner/husband) v. Jacqueline Helene Elise Barral (respondent/wife)

(File No. FD 91-01-26725)

Indexed As: Koberlein v. Barral

Manitoba Court of Queen's Bench

Family Division

Winnipeg Centre

Duval, J.

June 27, 1994.

Summary:

Upon divorce, a 50 year old wife sought spousal maintenance from her 54 year old husband.

The Manitoba Court of Queen's Bench, Family Division, awarded $1,000 spousal support for an indefinite period.

Family Law - Topic 4022

Divorce - Corollary relief - Maintenance awards - To wife - Considerations - The parties cohabited from 1979, married in 1982 and separated in 1990 - The wife, with the husband's agreement, gave up full-time employment as a tenured teacher to benefit their relationship - She took part-time work and obtained a Master's degree during the marriage - After separ­ation, she suffered from a depression af­fecting her concentration and self-confi­dence - Notwithstanding conscientious efforts, she was unable to find full-time employment - The husband's monthly earnings were $2,794.14 and his expenses of $1,951 could be shared with his current common law spouse - The Manitoba Court of Queen's Bench, Family Division, ordered the hus­band to pay $1,000 month­ly spousal maintenance for an indefinite period.

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; [1993] 1 W.W.R. 481; 43 R.F.L.(3d) 345, appld. [para. 29].

Patterson v. Torrance (1993), 86 Man.R.(2d) 130; 47 R.F.L.(3d) 201 (Q.B. Fam. Div.), refd to. [Schedule A].

Grohmann v. Grohmann (1991), 5 B.C.A.C. 277; 11 W.A.C. 277; 37 R.F.L.(3d) 73 (C.A.), refd to. [Schedule A].

Fejes v. Fejes (1993), 83 Man.R.(2d) 273; 36 W.A.C. 273; 45 R.F.L.(3d) 13 (C.A.), refd to. [Schedule A].

Monks v. Monks (1993), 84 Man.R.(2d) 268; 44 R.F.L.(3d) 459 (Q.B. Fam. Div.), refd to. [Schedule A].

Broder v. Broder (1993), 87 Man.R.(2d) 277 (Q.B. Fam. Div.), refd to. [Schedule A].

Ross v. Ross (1993), 89 Man.R.(2d) 297 (Q.B. Fam. Div.), refd to. [Schedule A].

Garbutt v. Garbutt (1993), 84 Man.R.(2d) 237 (Q.B. Fam. Div.), refd to. [Schedule A].

Politzer v. Politzer (1982), 18 Man.R.(2d) 342 (Q.B.), refd to. [Schedule A].

Statutes Noticed:

Divorce Act, R.S.C. 1985 (2nd Supp.), c. 3, sect. 15, sect. 17 [para. 28]; sect. 17(7)(a), sect. 17(7)(c) [para. 35].

Counsel:

Samuel B. Malamud, for the petitioner/ husband;

Judith M. Blair, for the respondent/wife.

This case was heard before Duval, J., of the Manitoba Court of Queen's Bench, Fam­ily Division, Winnipeg Centre, who delivered the following judgment on June 27, 1994.