What is the test for self-sufficiency in the context of a 5 year term for a spouse who has been married for 25 years?

New Brunswick, Canada


The following excerpt is from S.C. v. J.C., 2006 NBCA 46 (CanLII):

I can find no fault with the trial judge’s comment that “[i]t is important to use a flexible approach when both parties are left with significant assets from the marriage” (at para. 35, and see generally Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 paras. 27-32 for a discussion of self-sufficiency). In this case S.C. is relatively young and although she was married for 25 years she was quickly able to reintegrate into the work force. I am also persuaded that the term should not be disturbed because it is for 5 years, a relatively longer term than the others that have been examined in the caselaw.

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