A former spouse sought determination of the continuing obligation for spousal support following a consent order that suspended support if the recipient cohabited with another person for one year and terminated it after three years.
The court determined the recipient began cohabiting with a new partner in May 2008, resulting in suspension of support after one year during that relationship, but found insufficient evidence that a later romantic partner constituted cohabitation.
The payor’s income had subsequently declined due to disability, raising the issue of variation under s. 17 of the Divorce Act.
The court held the recipient remained economically disadvantaged from a long marriage and was not proven capable of self‑sufficiency despite limited medical documentation.
Support was therefore varied downward to reflect the payor’s reduced income, with limited retrospective suspension during the earlier cohabitation period.
