What factors must be considered when determining spousal support?

Alberta, Canada


The following excerpt is from Y.(A.L.) v. Y.(L.M.), 2001 ABQB 311 (CanLII):

It was held in Moge v. Moge (1993), 1992 CanLII 25 (SCC), 43 R.F.L. (3d) 345 (S.C.C.) at pp. 376, 387 and 390: All four of the objectives defined in the Act must be taken into account when spousal support is claimed or an order for spousal support is sought to be varied. No single objective is paramount. The fact that one of the objectives, such as economic self-sufficiency, has been obtained does not necessarily dispose of the matter. [...] At the end of the day however, Courts have an overriding discretion and the exercise of such discretion will depend on the particular facts of each case, having regard to the factors and objectives designated in the Act. [...] Not all such elements will be equally important, even if present, to the awarding of support in each case.

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