What is the test for an application to terminate spousal support for a 39 year old woman who has not made meaningful efforts to secure employment in the past 11 years?

Ontario, Canada


The following excerpt is from Neill v. Neill, 2009 CanLII 51265 (ON SC):

The applicant was 39 years of age at the time that the parties separated, but the respondent says she has made no meaningful attempts to secure employment. He says she is improperly relying on her allegedly poor health condition, consisting of bad knees (there is no dispute that she has had numerous knee surgeries over the years, both prior to and since separation), and he says that there is little or no evidence that would support that she is physically incapable of working. The applicant claims that there has been no work that has been available for her, but he counters that she has had 11 years to make efforts to find work, but has not done so. He claims that there is no evidence to support that she is incapable of working or that he says would demonstrate efforts on her part to find work so as to permit her to contribute to her own economic self-sufficiency, even within the parameters of her own physical capability. He says she has had no motivation to support herself while continuing to be in receipt of the significant amounts of monthly spousal support he pays. In circumstances such as that, counsel observes that I drew an adverse inference in Walsh v. Walsh from the wife’s failure to be able to demonstrate via cogent evidence that she had made meaningful efforts to try and secure employment so that she could contribute to her own economic self-sufficiency. In that case, the wife’s spousal support was terminated.

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