Spousal support can be based

From page 12

But Sharon's health, which
hadn’t been all that good,
started to get worse, and she
was admitted to hospital for
psvchiatric problems. Ry now,
Frank was supporting the
family.

Three years after getting
married, the Bracklows sepa-
rated. In 1995, after another
three years, they were
divorced. Frank paid Sharon
$400 a month in spousal sup-
port until 1996.

Fast forward to the pre-
sent. Sharon hasn’t worked
since becoming ill and proba-
bly never will, She lives in
subsidized housing in
Burnaby and gets $787 3
month in disability benefits.
Frank is remarried, and at the
time of trial was earning
$3,764 a month and paying
$2,284 monthly as his share *
of his new houschold expens-
cs.

Should Frank have to con-
tinue supporting Sharon just
because she is sick? Does the

fact that they were married
mean he has a lifelong obliga-
tion to her? Or in this age of
second and third marriages,
should he be allowed to move
on and forge a new life with
new commitments?

The Supreme Court of
Canada recently decided
Sharon is legally entitled to
support.

Up until now, the law said
that you could get spousal
support, if, for example, you
stayed home to look after the
home and family and basically

NEWS photo Mike Wakefield

Elementary tune-up

sacrificed your own carcer
opportunities. Upon divorce,
you needed to be compensat-
ed for what you gave up

because of the marriage. Now,

here, the court said you're
also entitled to support if you
have a “need” for it, even
though the marriage didn’t
create the problem.

“Marriage, while it may
not prove to be ‘till death do
us part,” is not to be under-
taken lightly,” said the court.
“It involves the potential for
litelong obligation. There are
no magical cut-off dares.”

How much Frank must
pay has been left to the B.C.
court to decide. The court
must look at factors such as
the length of time the
Bracklows were married, their
relative independence while
married, and the amount of
support Frank has already
paid.

But this case does mean
that you may be entitled to

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Sunday, June 6, 1999 — North Shore News -— 13

support trom a former spouse

when your marriage is over, if

your need for financial assis-
tance arises from some cause
thar has nothing to do with
your marriage, such as an ill-
ness or possibly even the loss
of your job.
“falk to your lawyer to

find out how much and for

how long.

— This colina has been
written with the assistance of
Daryl Collier of the North
Vancouver law firm of Ratcliff
& Company, Suite 500, 221
West Esplanade, 988-5201. The
columun provides information
only and must not be relied on
for legal advice.

Commit.
Be financially fit.

Getting it: financial shape

is ofter: easier than people
think. tt requires commit,

commitment required to
make } your financial goals

MICHAEL Soderling (right), a Biueridge elementary school student, recently had
his bike inspected by Steve Chalmers of John Henry the Bicycle Man. Employees
from the North Van store made a visit to inspect and tune up students’ bikes.

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