Spousal Support - illness

Illness may be a condition that affects a spouse as a result of the marriage, but where the spouse was afflicted prior to the marriage, should that disability be the reason for ongoing support after separation?

The Manitoba Court of Appeal said yes in Kloos v. Kloos, a case argued by Terry Beley on behalf of a wife. She had Multiple Sclerosis prior to the marriage about which her fiancé knew, although she was in remission prior to the wedding. The disease came back, the parties separated and the wife applied for support.

The husband resisted on the basis that it was not the marriage which caused her dependency, but the disease. The court held that the husband undertook the risk knowingly and had a responsibility to maintain support for her.

The Supreme Court in the Bracklow v. Bracklow case established that illness, even in a short marriage, may found entitlement to support. Here the marriage of four years was long enough to establish the financial interdependence that can be a basis for support. The case was returned to the trial court which granted support on a time-limited basis.