Does a spouse with a disability have a moral obligation to provide support after the end of the marriage?

Ontario, Canada


The following excerpt is from Albuquerque v. Albuquerque, 2007 CanLII 4306 (ON SC):

In Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, the court considered whether a spouse with a disability was entitled to support after the end of the marriage. The court stated at paragraph 43 that “Need alone may be enough” and, at paragraph 49, that where need is not met on a compensatory or contractual basis, there may be a moral obligation to provide support. However, in Bracklow, the wife’s health problems existed from the beginning of the parties’ relationship. At some point prior to separation, the wife became unable to work as a result of those problems. The evidence was that it was unlikely that she would ever work again.

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