What is the legal test for entitlement to spousal support?

Ontario, Canada


The following excerpt is from Kotyck v. Kotyck, 2017 ONSC 7261 (CanLII):

Pursuant to the case law, there are three grounds for entitlement to spousal support, compensatory support, non-compensatory support and contractual support. In this case the latter does not apply. There is no single basis of support that supersedes the other and many claims involve compensatory and non-compensatory principles. The court does not decide on the basis of support to the exclusion of the other, but rather is called upon to apply relevant factors and to strike the balance that best achieves justice in the particular case (See Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, at paras. 15, 35, 36, 41 and 42 and Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, at paras. 46, 47, 74 and 120).

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