The appellant wife appealed a trial judgment dismissing her claim for spousal support and ordering her to repay child support.
The parties had a 20-year traditional marriage where the wife sacrificed her career to raise children and support the husband's career.
A separation agreement waived spousal support.
The Court of Appeal found the trial judge erred by not applying s. 33(4) of the Family Law Act.
The Court set aside the waiver, finding it resulted in unconscionable circumstances given the wife's poverty and the husband's high income.
Spousal support was awarded at $2,500 to $3,000 per month.
The appeal regarding child support repayment was dismissed.
