Plese v Herjavec, 2020 ONCA 810

The recent case Please v Herjavec, 2020 ONCA 810, raises the bar for the benchmark for spousal support in Canada.

The Ontario Court of Appeal considered the parties 24-year marriage and found that spousal support must bear some resemblance to the standard of living during the marriage, however luxurious it may have been. Even though the Wife had assets, including real estate worth approximately $20 million, the Court ordered indefinite monthly spousal support in the amount of $125,000 per month, which resulted in the Wife having almost 39% of total available income. Spousal support was also binding on the Husband’s estate.

Major take away: trial justices finding are not easily appealable; spousal support can still be ordered even though significant assets have been distributed; and spousal support can be indefinite after a long marriage.

Check out the full case on Canlii:

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