What is the test for a spouse to prove that they owe each other a mutual duty of support?

Ontario, Canada


The following excerpt is from Smith v. Smith, 2008 CanLII 14894 (ON SC):

This is consistent with the concept of marriage as a partnership. There is a presumption that spouses owe one another a mutual duty of support: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R 420 para. 20. This can be displaced through “explicit contracting (usually before the union is made with a prenuptial agreement), or through the unequivocal structuring of their daily affairs, to show disavowal of financial interweaving” (Bracklow, para. 20).

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