Can a court order a spouse to obtain insurance to secure payment of a support order following the death of their spouse?
Ontario, Canada
The following excerpt is from Burke v. Poitras, 2020 ONSC 3162 (CanLII):
In Katz v. Katz, 2014 ONCA 606, 50 R.F.L. (7th) 1 at paras. 65-70 the court confirmed that s. 34(1)(k) of the Family Law Act is broad enough to permit a court to order a spouse to obtain an insurance policy to secure payment of a support order following the payor’s spouse’s death. Further, “the same power that exists under the Family Law Act to order a spouse to obtain insurance to secure payment of support payments that are binding on the payors’ estate also exists under the Divorce Act”: para. 73.
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