What is the test for determining whether a spouse is disabled and entitled to spousal support?

Alberta, Canada


The following excerpt is from Buckley v. Buckley, 2007 ABCA 232 (CanLII):

The appellant, who was unrepresented at trial, sought permanent spousal support on the basis of an alleged disability, as well as an adjustment of child support. The respondent sought a declaration that he had overpaid child support. The trial judge ruled largely in the respondent’s favour. He held that the appellant had not established that she was disabled (at paragraph 19); and was not entitled to spousal support as she had achieved self sufficiency by the time of trial, citing Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 and Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813: at paragraphs 136-147. In doing so, the trial judge considered 33 specific points, including the length of the marriage and the roles assumed therein, the educational upgrading by the appellant, and the fact that the appellant had not established that she was either disabled nor that she suffered from any intellectual impairment: at paragraph 143.

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