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Spousal Maintenance - Anxiety, Depression, and PTSD (Case Study)

The case Blum and Blum [2019] FCCA 3346 provides an example of a husband who was ordered to pay the wife spousal maintenance after separation due to the wife’s anxiety, depression, & PTSD.

Other terms commonly used for spousal maintenance include ‘financial support’, ‘financial maintenance’, ‘spousal support’, or ‘alimony’.

  1. Background

The Husband was 37 and the Wife was 41. They separated after 5 years of marriage and had no children. The Husband provided financial support and the Wife was the Homemaker. The Wife suffered from panic disorder, major depressive disorder and PTSD caused by long-term child sexual abuse. Her anxiety was in the severe range and her depression was in the extremely severe range according to a psychiatrist.

The Wife was earning an income of $86 per week from 3 hour of work as a Health Care Worker. She had $457 in savings. Her living expenses totaled $1,246 per week. The Husband earned an income of $6,000 - $8,000 per week and his unavoidable living expenses totaled $3,816.55 per week.

The Wife was unable to financially support herself due to her mental illness and the husband was able to financially support her.

2. The Relevant Law

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3. Outcomes

The Husband was ordered to pay the Wife spousal maintenance of $5,027 per month ($1,169 per week) for 17 months. The Husband was also ordered to back-pay the Wife 7 months totaling $35,189.