What is the test for a spouse to claim spousal support?

Ontario, Canada


The following excerpt is from Cassidy v. Cassidy, 2018 ONSC 7222 (CanLII):

To receive an order for spousal support a spouse must first establish that he or she is entitled to spousal support. Entitlement is a threshold issue which can be established in three ways. First is the compensatory claim. In this claim the potential recipient must demonstrate that he or she has suffered economic loss as a result of roles adopted during the marriage or because the recipient conferred some economic benefit on the payor without compensation. Second is the non-compensatory claim. In this claim the recipient must establish that he or she has suffered economic hardship as a result of the marriage break down. The third way is on the basis of a contract between the parties: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 at paragraphs 41, 43, 44 and 49.

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