The parties separated and signed a separation agreement containing a release of spousal support, alongside a consulting agreement providing the wife with income.
When the husband terminated the consulting agreement, the wife applied for spousal and child support.
The trial judge awarded spousal support for five years, finding the consulting agreement was disguised support.
The husband appealed the support and custody orders, alleging trial unfairness.
The wife cross-appealed the five-year limit.
The Court of Appeal dismissed the husband's appeal and allowed the cross-appeal, holding that the strict Pelech trilogy test for varying support agreements does not apply under the 1985 Divorce Act.
Instead, a material change in circumstances threshold applies.
The wife's ongoing childcare responsibilities and the termination of the consulting agreement constituted a material change justifying ongoing, indefinite spousal support.
