What is the test for a spousal support order under the Divorce Act?

Ontario, Canada


The following excerpt is from M.P. v. M.P., 2020 ONSC 4559 (CanLII):

In making an order for spousal support, the court shall consider the conditions, means, needs and other circumstances of each spouse including how long the spouses cohabited; the functions performed by each spouse during cohabitation; and any order, agreement or arrangement related to the support of either spouse: ss. 15.2(4) of the Divorce Act; Thompson v. Thompson, 2013 ONSC 5500 at paras 46-47. Under ss.15.2(6) of the Divorce Act, the objective of an order for spousal support should: (a) Recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown; (b) Apportion between the spouses any financial consequences arising from the case of any child of the marriage over and above any obligation for the support of any child of the marriage; (c) Relieve any economic hardship of the spouses arising from the breakdown of the marriage, and (d) In so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable time period.

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