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.

Other Questions


Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
What is the test to prove that continuation of a support order would be continuation of the order if the support order is not inconsistent or absurd? (Ontario, Canada)
If a party has delayed obtaining a spousal and/or child support order while trying to negotiate a settlement with the other party, is the recipient of that support order entitled to the recipient? (Ontario, Canada)
What is the test for spousal support under the Spousal Support Guidelines? (Ontario, Canada)
When will a judge order non-compensatory, non-contractual support under a spousal order? (Ontario, Canada)
What are the implications of the Court of Appeal's decision not to order an indefinite reduction in the amount of spousal support ordered? (Ontario, Canada)
What is the spousal support provisions in the Spousal Support Guidelines? (Ontario, Canada)
What is the test for temporary spousal support under s. 33(8) and (9) of the Spousal Support Guidelines? (Ontario, Canada)
In what circumstances will the court order interim support on a motion for spousal support? (Ontario, Canada)
On an appeal of a decision ordering spousal support, can the appellate court overturn the order? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.