In what circumstances will the court take notice of economic disadvantage to a spouse who has been absent from the workforce for a lengthy period?
Saskatchewan, Canada
The following excerpt is from Morton v. Morton, 1993 CanLII 8850 (SK QB):
In the absence of evidence, I am entitled to take judicial notice of the economic disadvantage, arising upon the breakdown of a long-term marriage, to a spouse that has been absent from the workforce for a lengthy period: Moge v. Moge, supra. It is a matter I will take into consideration in determining a proper support order.
It is usually inappropriate to award a lump sum payment to compensate for economic disadvantage arising upon the breakdown of the marriage (this is particularly so in the case of a long-term marriage); it is appropriate to consider economic disadvantage as a factor in an award of periodic support: Elliot v. Elliot, supra.
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