December 10, 2020 – Self-Sufficiency

“Section 15.2(6)(d) of the Divorce Act promotes the objective of economic self-sufficiency only if it is “practicable” to do so and where the objective can be realized “within a reasonable period of time”.  The Court of Appeal pointed out in Fisher v. Fisher, (2008), that self-sufficiency, with its connotation of economic independence, is a relative concept: para 51. It should be interpreted not as the ability to meet basic expenses, but as the ability to support a standard of living that is reasonable, having regard to the economic partnership that the parties enjoyed and could sustain during cohabitation, and could reasonably anticipate afterward. It requires consideration of:

(a)  The parties’ present and potential incomes;

(b)  Their standard of living during cohabitation;

(c)  The efficacy of any suggested steps to increase a party’s means;

(d)  The parties’ likely post-separation circumstances (including the impact of equalization of their property);

(e)  The duration of their cohabitation; and

(f)    Any other relevant factors: Fisher, at para 53.”

Samnani v. Galmani, 2018 ONSC 7280 (CanLII) at 118