The Husband had income protection insurance and after the breakdown of the relationship he made a claim due to the depression and alcoholism that ensued.
The insurance company made a lump sum payment of $135,495.32 and a disability payment of $3,756 per week, up to the age of 70 years but subject to review of his condition improving.
The trial judge held as long as the husband was receiving his disability payment, he had capacity to pay the wife spousal maintenance stating :
“It is appropriate that the wife have financial support as she adjusts to her new circumstances and determines her future course … and the husband, on the other hand, has the possibility [of] a significant income until he reaches the age of 70. I have earlier found that it is, however, more probable than not that the payments will cease or diminish in the future. I do not think it appropriate to make an order for maintenance for an indefinite period. A period of fours [sic] years will give the wife time to adjust to her new circumstances and for her lifestyle not to be suddenly affected.”
The Full Court ordered the husband to pay the wife spousal maintenance of $534 per week for as long as he receives disability insurance payments on the basis of a total disability.