What are the factors used to determine whether a spouse has a reasonable chance of surviving a long-term disability?
Alberta, Canada
The following excerpt is from Thomas v. Thomas, 2004 ABQB 27 (CanLII):
The factors involve some overlap. The “condition” of a spouse includes their age, health, needs, obligations, dependants, and the station in their life. “Means” incorporates all pecuniary resources, capital assets, income from employment or earning capacity, and any other source from which gains or benefits are received: see Strang v. Strang, 1992 CanLII 55 (SCC), [1992] 2 S.C.R. 112, 125 A.R. 331, 39 R.F.L. (3d) 233. “Other circumstances” include the considerations of 15.2(4)(a) to (c): length of time of cohabitation, the functions performed by each spouse during cohabitation, and any agreement relating to support, however this is not a closed category of circumstances. Finally, the “needs” evaluation of a spouse has provided much of the judicial debate and discussion.
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