What authority does the court have to order spousal support under the Divorce Act?

Alberta, Canada


The following excerpt is from Johnston v. Johnston, 2004 ABQB 221 (CanLII):

The authority to order spousal support is statute based. There is broad judicial discretion to determine the entitlement, the amount and the duration of spousal support under the Divorce Act. Moge v. Moge 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813.

Other Questions


Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
How has the court considered the relationship between child support and spousal support? (Alberta, Canada)
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
What authority does the Court of Appeal have in common with the Courts of Appeal in England and Wales? (Alberta, Canada)
What factors will a court consider when determining the quantum of spousal support? (Alberta, Canada)
What factors will the court consider when awarding spousal support? (Alberta, Canada)
What is the test for spousal support under s. 15 of the Divorce Act? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.