What is the test for spousal support for a disabled spouse who has custody of her disabled husband?

Nova Scotia, Canada


The following excerpt is from Puddifant v. Fraser, 2005 NSSC 340 (CanLII):

In Hamilton v. Hamilton [2002] N.S.J. No. 172 (Hall, J.), the parties were married for five years and the wife was disabled. She had custody of the parties’ son. An order for spousal support was ordered, and although no time limit was placed on the order, it was not indefinite.

In Robicheau v. Earle [2004] N.S.J. No. 161 (S.C.) Coady, J. ordered indefinite support in a 12 year marriage where the wife was on a Canada Pension Plan disability.

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