What is the test for a spouse to claim support as a dependant spouse?
Ontario, Canada
The following excerpt is from Gabourie v. Gabourie, 2019 ONSC 6282 (CanLII):
The Ontario Court of Appeal confirmed in Cummings v. Cummings, (2004) O.R. (3d) 398, at para. 29, that to successfully claim support as a dependant spouse, the spouse must meet a two-pronged test: a) meet the definition of spouse (e.g., legally married); and b) be someone to whom the deceased was providing support or was under a legal obligation to provide support immediately before his death. This entitlement must be established on an arguable or prima facie basis.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the likelihood of making a support claim for a person who is no longer dependent on the support system in his or her own time? (Ontario, Canada)
Is a healthy spouse required to continue to support a disabled spouse? (Ontario, Canada)
Can a court make an order for the support of a dependant despite the agreement or waiver of the dependant? (Ontario, Canada)
When will a motion judge apply the same law to a property related claim and a support claim? (Ontario, Canada)
Does a parent have to provide supporting documentation to support their claim for income tax deductions? (Ontario, Canada)
What is the standard of review in the context of a spouse's claim for spousal support? (Ontario, Canada)
What is the current income of the payor spouse for child support under the Child Support Guidelines? (Ontario, Canada)
What is the obligation of each spouse to support the other spouse in common law? (Ontario, Canada)
What is the effect of retroactive support orders on a spouse who has failed to pay for support for over a year? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
