Before an amount and duration of spousal support can be awarded, a court must first find that there is basis on which a spouse is entitled to spousal support.
In Smith v MacSween the court found that the applicant’s dependency on the respondent for the majority of the relationship founded a need for spousal support. The parties lived in a common law relationship for 17 years. The Applicant acted as a fulltime homemaker while the Respondent’s career was advanced. The Applicant was legally blind and HIV positive. The Applicant received $13,162 a year in disability benefits, while the Respondent’s income was $379,658 a year. The court awarded spousal support accordingly.