In what circumstances will a judge award spousal support?
British Columbia, Canada
The following excerpt is from Routley v. Paget, 2006 BCSC 419 (CanLII):
In Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, the court described the “mutual obligation model” of marriage and also recognized that there are three conceptual bases for spousal support obligations – contractual, compensatory and non-compensatory. McLachlin J. (as she then was) stated at ¶37: The judge must consider them all, and any or all of them may figure in the ultimate order, as may be appropriate in the circumstances of the case. The court recognized that need alone may be enough to ground an award of spousal support. It also recognized that in a very short marriage a case for full obligation of support may be difficult to make.
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