What is the test for spousal support under s. 15.2(4)(a) of the Divorce Act?

British Columbia, Canada


The following excerpt is from Lam v. Chiu, 2008 BCSC 1177 (CanLII):

Spousal support may be compensatory, contractual, or non-compensatory needs-based support. The spouse who has been left in difficult financial circumstances and is not able to achieve self-sufficiency following the breakdown of the marriage may require needs-based financial support: Bracklow v. Bracklow, [1991] 1 S.C.R. 420 at paras 21 and 49. In this case, under s. 15.2(4)(a) of the Divorce Act, the twenty-year length of the marriage is a factor favouring an order for spousal support.

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