Does the recipient spouse have to be self-sufficient in order to receive spousal support?

Ontario, Canada


The following excerpt is from Cernic v.Cernic, 2012 ONSC 922 (CanLII):

In Fisher v. Fisher 2008 ONCA 11 (C.A.) (CanLII), in a long term marriage, the court noted that the spousal support analysis will not give priority to self-sufficiency because it is an objective that simply cannot be attained. But that approach assumes a long term traditional marriage, namely where the recipient spouse has not participated in the paid labour force. That is not the case here. For over 20 years in Yugoslavia and then in the transition in Toronto and for at least five years between 1995 and 2000 the Applicant and the Respondent were not in a “traditional marriage”. This relationship did not become a “traditional marriage” simply because the Applicant decided unilaterally to stop participating in the paid labour force.

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