What are the implications of a marriage/separation agreement for spousal support under the Divorce Act?
British Columbia, Canada
The following excerpt is from S.M.F. v. D.W.B., 2013 BCSC 1629 (CanLII):
Miglin v. Miglin emphasized that a marriage/separation agreement should not be set aside or ignored simply because its provisions may not provide for the same outcome that the court would have arrived at taking only the statutory provisions into account. Nevertheless, it does point out developments in the law and public policy relating to spousal support that suggests that large economic disparity between spouses following the breakdown of a marriage - particularly a marriage of medium to long duration - likely cannot be regarded as meeting the objectives of the Divorce Act.
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