What is the test for spousal support for a disabled spouse who has custody of her disabled husband?
Nova Scotia, Canada
The following excerpt is from Puddifant v. Fraser, 2005 NSSC 340 (CanLII):
In Hamilton v. Hamilton [2002] N.S.J. No. 172 (Hall, J.), the parties were married for five years and the wife was disabled. She had custody of the parties’ son. An order for spousal support was ordered, and although no time limit was placed on the order, it was not indefinite.
In Robicheau v. Earle [2004] N.S.J. No. 161 (S.C.) Coady, J. ordered indefinite support in a 12 year marriage where the wife was on a Canada Pension Plan disability.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the payor spouse argue that the custodial spouse has a legal duty to support the child other than the child of the marriage? (Nova Scotia, Canada)
In what circumstances will a judge order indefinite support for a spouse who has been on a disability for 12 years? (Nova Scotia, Canada)
What is the test for paying spousal support to a spouse who has little or no future prospects for employment? (Nova Scotia, Canada)
What is the test for imputing income to one spouse when determining spousal support? (Nova Scotia, Canada)
Does a delay in seeking spousal support, even if it is an extensive delay, negate the jurisdiction of the court to award support? (Nova Scotia, Canada)
How is spousal support awarded to a woman who stays home to raise a child? (Nova Scotia, Canada)
In what circumstances will child support be considered as income for purposes of child support purposes? (Nova Scotia, Canada)
How to determine entitlement to spousal support in a childless marriage? (Nova Scotia, Canada)
Does the mere passage of time or the normal process of aging constitute a material change in circumstances for a variation of a spousal support order? (Nova Scotia, Canada)
What is the test for entitlement to lump sum spousal support? (Nova Scotia, Canada)
