What is the test for setting aside spousal support under the Divorce Act?

Ontario, Canada


The following excerpt is from J.L.S. v. D.B.S., 2016 ONSC 1704 (CanLII):

Regarding the second component of stage 1 and stage 2, I am to consider the extent to which the agreement takes into account the objectives of the Divorce Act, reflecting an equitable sharing of the economic consequences of the breakdown. The court is to look at the agreement in its totality and not view the spousal support in a vacuum. I am only to intervene where there is not substantial compliance with the objectives of the Divorce Act which includes the factors under s. 15.2, along with finality, certainty and the power of the parties to determine their own affairs. If the agreement is not set aside at the first stage, then the court should give great weight to the agreement see Miglin v. Miglin, supra, at paras. 84-86.

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