What is the test for determining unequal division of spousal support in a long-term addiction case?

Alberta, Canada


The following excerpt is from J.J.M. v. C.D.M. Estate, 2009 ABCA 96 (CanLII):

The appellant argues that addiction is a disease, and should not disentitle the wife to a fair distribution of the property. That may be so, but it does not mean that the imbalance in the contributions to the marriage can simply be ignored, or that the wife should be deemed to have made contributions that she did not in fact make: LeBlanc v. LeBlanc, 1988 CanLII 96 (SCC), [1988] 1 S.C.R. 217 at pp. 222-3. The trial judge was very aware of this factor, and did not overemphasize it. Disability is a factor that is likely to be predominant in the spousal support calculation, something which is not manifested on this record. Whether to award an unequal division is a discretionary decision, and an unequal division was open to the trial judge on this record. We see no error of principle here that would justify appellate intervention.

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