What is the test for entitlement to spousal support when a spouse is diagnosed with a debilitating illness?
Ontario, Canada
The following excerpt is from Ashworth v. Ashworth, 1995 CanLII 7346 (ON SC):
It is accepted, since Moge v. Moge (1992), 1992 CanLII 25 (SCC), 43 R.F.L. (3d) 345 (S.C.C.) that there is no requirement to demonstrate a causal link between a debilitating illness and the marriage in order to establish entitlement to support. In Moge at p. 373 L’Heureux-Dubé J. determined that: the focus of the enquiry when assessing spousal support after the marriage has ended must be the effect of the marriage in either impairing or improving each party’s economic prospects.
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