What is the test for spousal support under a non-compensation basis?
British Columbia, Canada
The following excerpt is from S.M.J. v. R.H.C.W., 2003 BCSC 1870 (CanLII):
The thrust of the plaintiff’s submission is that by virtue of the separation of the parties, she has suffered an economic loss. Adopting the non-compensatory basis for support set out in Bracklow v. Bracklow (1999), 1999 CanLII 715 (SCC), 169 D.L.R. (4th) 577 (S.C.C.), the plaintiff submits she is entitled to an order for ongoing spousal support.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the range of spousal support awarded under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
Can an initial determination of spousal support fall substantially above or below the range suggested by the Spousal Support Guidelines? (British Columbia, Canada)
What is the legal test for entitlement to spousal support under s. 15.2(6) of the Spousal Support Guidelines? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
What is the impact of the SSAG on a recipient of spousal support in the US who would not be taxed on that support? (British Columbia, Canada)
In a long-term marriage, can a husband appeal a decision of the trial judge dismissing his spousal support claim on the basis that he has not established any need? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
In a retrial of the issue of indefinite support for a spouse who was awarded on a non-compensationary basis, is the wife entitled to indefinite support? (British Columbia, Canada)
