What is the current interpretation of section 15.2(4) of the Divorce Act?

Ontario, Canada


The following excerpt is from Garnet v Garnet, 2016 ONSC 5922 (CanLII):

The interpretation given to sections 15.2(4) and 15.2(6) of the Divorce Act in the leading cases of Moge v. Moge[7] and Bracklow v Bracklow[8] recognize that, absent the situation where one spouse is irreparably economically disadvantaged by the marriage or its breakdown, or there is a legitimate need for continuing support that justice requires be addressed by a spouse with the means to do so; the basis for support entitlement can evolve and, that ultimately, spousal support may end after a reasonable time, even in a long marriage in which the parties were at one point financially interdependent. [9]

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