What is the test for a judge to order spousal support under s. 17 of the Divorce Act?
British Columbia, Canada
The following excerpt is from S.B.C. v. M.A.C., 2004 BCSC 1558 (CanLII):
In Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, the court stated that the exercise of judicial discretion in ordering spousal support requires an examination of all four objectives set out in s. 17(7) of the Divorce Act, in order to achieve an equitable sharing of the financial consequences of marriage or marriage breakdown. (¶ 78)
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