What is the test for spousal support in a long-term disability case?

British Columbia, Canada


The following excerpt is from K.D. v. N.D., 2014 BCCA 70 (CanLII):

He then referred to the decision of Mr. Justice Groves in Bockhold v. Bockhold, 2010 BCSC 214, and adopted a number of propositions from that case: 1. A spouse’s illness and disability is relevant to spousal support even if there is no causal connection between the disability and the marriage, para. 27. 2. In some cases employment and self-sufficiency are not achievable, para. 26. 3. No “duty” to achieve self-sufficiency exists. Failure to achieve self-sufficiency is one factor among others to consider, para. 47. 4. The authorities generally favour an indefinite order, para. 56. 5. A spouse may never be able to achieve a level of self-sufficiency similar to the marital standard without continuing [support], para. 58. The appellant observes that in proposition 4 the judge did not include the words of Groves J.: “in a lengthy marriage”.

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