What is the test for paying spousal support in a long-term disability case?
Ontario, Canada
The following excerpt is from Pennington v Charette, 2017 ONSC 3843 (CanLII):
I find Leitch J.’s decision in Pindur v. Pindur [2015] O.J. No. 1598 instructive. That case involved an initial application for spousal support. It was a seven-year marriage, with a permanently disabled and unemployable wife. The husband paid spousal support pending the final outcome. The claim was for non-compensatory support, as is the case here, and the wife sought an indefinite order because of her disability.
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