September 23, 2019 – Self-Sufficiency

“The interpretation given to sections 15.2(4) and 15.2(6) of the Divorce Act in the leading cases of Moge v. Moge and Bracklow v Bracklow recognize that, absent the situation where one spouse is irreparably economically disadvantaged by the marriage or its breakdown, or there is a legitimate need for continuing support that justice requires be addressed by a spouse with the means to do so; the basis for support entitlement can evolve and, that ultimately, spousal support may end after a reasonable time, even in a long marriage in which the parties were at one point financially interdependent.

Ongoing assertions of need and an ability to pay do not automatically entitle a spouse to indefinite support. Spouses have an obligation to become self-sufficient and to make prudent financial decisions.  Self-sufficiency does not mean future parity of income.

Garnet v Garnet, 2016 ONSC 5922 (CanLII) at 98-99