What if I am unable to work due to a disability? Does that affect my support entitlement?

A disability that prevents you from working is a significant factor in spousal support entitlement and duration. Courts cannot expect a disabled recipient to achieve self-sufficiency that is genuinely beyond their reach, and this can result in longer or indefinite support and higher amounts than would otherwise apply.

The disability does not need to have begun during the marriage to be relevant — what matters is that it affects your current and future ability to earn income and your financial need. If the disability arose from or was worsened by events related to the marriage (for example, a health condition aggravated by caregiving responsibilities), a compensatory argument may also apply.

Courts will look at medical evidence, any disability income you receive (such as long-term disability benefits from a former employer or CPP Disability), and the overall financial picture. Disability income counts as income for the purposes of calculating support, which can reduce the amount owed. If you are receiving or applying for disability benefits, share that information with your lawyer so support calculations reflect your realistic financial position.