What is the test for mutual support in a long-term relationship?
British Columbia, Canada
The following excerpt is from Smithson v. Smithson, 1988 CanLII 3206 (BC SC):
While the traditional view of the marriage contract, … in sickness and in health, until death do us part …", has a much greater role to play where the sickness or age of one spouse prevents his or her rehabilitation into the work force and the creation of economic independence by that means, there must come a time in these days of more flexible relationships when the law recognizes an end to mutual obligations of support. In my view, that is really what Messier v. Delage and the trilogy which includes Pelech v. Pelech are all about.
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