As stated by Justice Goodfellow in the case of Day v. Day 1994, CarswellNS 133, at paragraph 45: …It is perhaps an oversimplification on my part to simply say that the realities that exist upon breakdown of the marriage must be addressed, and when you have something like illness, disease or disability, whether or not such results in an entitlement to maintenance, particularly when such may be of a long term nature, depends very much on s. 15(5) of the Divorce Act. In many cases the length of the marriage and the functions performed by each spouse during such lengthy marriage or cohabitation are likely to be the determinative factors. If this marriage had lasted only 18 months, then quite likely there would not be any entitlement to maintenance, or if an entitlement, one that would be addressed by a very short limited time order or perhaps a minimum lump sum order for any adjustment that might be appropriate.
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