The applicant sought spousal support under s. 15.2 of the Divorce Act despite a prior separation agreement providing for mutual spousal support releases in exchange for her receiving the respondent’s share of condominium equity.
Applying the two‑stage framework in Miglin v. Miglin, the court accepted that the agreement was properly negotiated but considered whether subsequent circumstances justified departing from it.
The court found that the applicant’s severe and chronic mental health deterioration after the agreement represented a significant departure from the circumstances reasonably contemplated when the agreement was executed, undermining the assumption that she would remain self‑sufficient.
Although the agreement retained weight given the objectives of finality and certainty, strict enforcement would not adequately address the applicant’s economic hardship.
Considering the Spousal Support Advisory Guidelines and the lump sum already received, the court ordered an additional lump sum spousal support payment.