What is the test for common-law spousal maintenance under the Family Maintenance Act?

Nova Scotia, Canada


The following excerpt is from Brownie v. Hoganson, 2005 NSSC 314 (CanLII):

Daley J.F.C. in MacDonald v. Hogg 1993 CarswellNS 455 in a decision resulting from an application for spousal maintenance under the Family Maintenance Act by a common-law spouse stated in paragraph 5: 5 ...Common-law spousal arrangements include three factors: an economic relationship whereby the parties share costs, equally or unequally; the status within the community, such as a shared address, the understanding in the community if the parties are living in a spousal relationship; and, an intimate relationship, of which sexual relations are but one indication....

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