What are the factors used by the judge in determining whether the wife is entitled to spousal support?

Alberta, Canada


The following excerpt is from J.I. v. R.I., 1993 CanLII 7742 (AB QB):

The four factors the judge was referring to in this passage are found in section 17 of the Divorce Act, relating to a variation of spousal support, but they are identical to sections 15(1)(a) to (d). The “disadvantaged spouse” she was referring to means, in this case, the wife. The court must look at the marriage and its significant features which affected the economic prospects of the spouses. I find little in this marriage that adversely affected the husband. In fact, by virtue of this marriage, he was able to pursue his career as a plumber and pipefitter to achieve his highest earning potential. The wife, on the other hand, has had her economic prospects adversely affected by the marriage and its breakdown. I have considered all four factors of section 15 of the Divorce Act and the principles of Moge v. Moge and have concluded that the wife is entitled to support and the husband is not.

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