What is the test for common-law partner support?

Prince Edward Island, Canada


The following excerpt is from S.M.C. v. D.L.H., 2008 PESCTD 32 (CanLII):

The Applicant claims interim common-law partner support pursuant to s. 30 of the Family Law Act. There are four objectives of a common-law partner support order which are outlined in s. 33(7) of the Family Law Act. All four objectives are to receive balanced consideration subject to their applicability and no single objective is to stand alone as being determinative. See McCarthy v. McCarthy, [2004] PESCTD 65 at para. 17. Those four objectives are as follows: (a) Recognize any economic advantages or disadvantages to the spouses or common-law partners arising from the relationship or its breakdown; (b) apportion between the spouses or common-law partners any financial consequences arising from the care of any child of the relationship over and above the obligation apportioned between the spouses pursuant to sub-section (8); (c) relieve any economic hardship of the spouses or common-law partners arising from the breakdown of the relationship; and (d) insofar as practicable, promote the economic self-sufficiency of each spouse or common-law partner within a reasonable period of time.

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