When will a judge order non-compensatory, non-contractual support under a spousal order?

Ontario, Canada


The following excerpt is from Andrade v. Andrade, 2012 ONSC 2777 (CanLII):

As McLachlin J., as she then was, observed in Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, at para. 18: Judges must exercise their discretion in light of the objectives of spousal orders as set out in s. 15.2(6), and after having considered all the factors set out in s. 15.2(4) of the Divorce Act. By directing that the judge consider factors like need and ability to pay (as explored below), the new Divorce Act left in place the possibility of non-compensatory, non-contractual support.

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