What is the "condition" of a marriage?
British Columbia, Canada
The following excerpt is from E.J.W. v. R.C.W., 2004 BCSC 1172 (CanLII):
The “condition” of spouses has been defined to include their age, health, needs, obligations, dependants and the station in life of the parties: Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813.
The word “means” includes all pecuniary resources, capital assets, income from employment or earning capacity and any other source from which gains or benefits are received: Strang v. Strang, 1992 CanLII 55 (SCC), [1992] 2 S.C.R. 112 at para 15.
The “needs” of a spouse are relative and may be determined, at least in part, by reference to the lifestyle enjoyed by both spouses during a long-term marriage: Moge v. Moge (supra).
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