Raine & Creed [2015] FamCAFC 133
A year after separation, the husband claimed and began receiving payments for severe depression under a disability insurance policy taken out during the marriage.
The husband received $135,495 as a lump sum payment. The insurer could cease payments at any time if it believed the Husband was able to resume work. Spousal maintenance was ordered whilst the stream of this income continued. However, the wife sought orders that would make the spousal maintenance unlimited. At trial, the judge imposed a four –year limit. This limit was arbitrary. The Full Court of the Family Court allowed the wife’s appeal and removed the four year time limit imposed.
