What is the entitlement to spousal support for a separated spouse?

British Columbia, Canada


The following excerpt is from S.K. v. A.K., 2004 BCSC 37 (CanLII):

This entitlement "is to relieve economic hardship that results from 'marriage or its breakdown'. Whatever the respective advantages to the parties of a marriage in other areas, the focus of the inquiry when assessing spousal support after the marriage has ended must be the effect of the marriage in either impairing or improving each party's economic prospects." See: Moge v. Moge supra.

The Divorce Act "requires a fair and equitable distribution of resources to alleviate the economic consequences of marriage or marriage breakdown for both spouses, regardless of gender." Moge v. Moge .

"Fair distribution does not, however mandate a minute, detailed accounting of time, energy and dollars spent in the day to day life of the spouses, nor may it effect full compensation for the economic losses in every case. Rather, it involves the development of parameters with which to assess the respective advantages and disadvantages of the spouses as a result of their roles in the marriage, as the starting point in determining the degree of support to be awarded." See: Moge v. Moge supra.

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