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Droit de la famille - 09408, 2009 QCCA 397 (CanLII)

Published under Family law, Spousal support

The Facts: The parties were married 11 years.  Complete Decision. They separated in 2004 when the wife (Respondent) was 37 years of age and held an engineering degree.  At the time of the divorce in 2009, the Respondent was 41 years of age having made no efforts to find employment.  In 2007, Respondent enrolled in a program to become a designer.

Decision:  The court finds that Respondent’s decision to enroll in a new field to be a personal choice with reduced earning potential and that her lack of economic independance  is not a result of the marriage breakdown, but rather, Respondent’s personal choice to which Respondent must bare responsibility. Given that Respondent’s new course of study terminates in June of 2010, the court fixes a term of 10 months for the support namely to December 31, 2010.