What is the test for determining the "need" of a spouse in a long-term marriage?
British Columbia, Canada
The following excerpt is from Vlachias v. Vlachias, 2009 BCSC 843 (CanLII):
Plaintiff’s counsel relies on Yemchuk v. Yemchuk, 2005 BCCA 406, 257 D.L.R. (4th) 476, which involved a long marriage of 35 years. The concept of “need” as a consideration in spousal support awards was determined by Prowse J.A. to include taking the relative standards of living into account. Although not a stated legislative objective, equalization of standards of living (which is different from equality of incomes) may be the just result in long-term marriages where the partners both contributed economic and non-economic resources to the marriage.
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