What is the test for indefinite spousal support under s. 15.2 of the Divorce Act?
British Columbia, Canada
The following excerpt is from J.D.S. v. D.Y.C.P., 2014 BCSC 1577 (CanLII):
I find that following the breakdown of their 13-year marriage, the claimant is entitled to indefinite spousal support pursuant to s. 15.2 of the Divorce Act, on both a compensatory and needs-based approach, as set out in in Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 and Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420.
"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
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)
What is the range of spousal support awarded under the Spousal Support Advisory 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 range of spousal support awarded under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the test for an indefinite period of spousal support under s. 15.2(4) of the Divorce Act? (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)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
Does a pre-existing agreement between the parties with respect to spousal support bar an application for support under the Divorce Act? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
