What is the test for determining spousal support?

British Columbia, Canada


The following excerpt is from Yemm v Marshall, 2018 BCSC 1470 (CanLII):

In summary, in determining spousal support: 1. The starting point is the objectives of spousal support in s. 15.2(6) of the Divorce Act; 2. All of the objectives must be considered and no single objective is paramount: Moge; 3. Self-sufficiency is only one objective, and is only a goal “in so far as practicable”; 4. A disparity in income is not determinative; and 5. In determining what is practicable, the court should consider all circumstances, including the recipient spouse’s age, gender, skills, education, opportunity for retraining, and the realistic prospect of the spouse finding a job that enables him or her to become self-sufficient: Tedham v. Tedham, 2005 BCCA 502.

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