What is the test for determining whether a spouse is entitled to spousal support on a compensatory basis?

Manitoba, Canada


The following excerpt is from Dyck v. Dyck, 2008 MBCA 135 (CanLII):

45 Before us, the husband argued that the wife was not entitled to support on a compensatory basis as that term has been defined in Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420. The husband argues that the wife has been advantaged by the marriage, as evidenced by the monies she has received or will receive from the division of marital assets. Therefore, he further argues that an award of spousal maintenance should be made only on the basis of an assessment of the wife’s needs and means.

Other Questions


Is a spouse entitled to spousal support when the spouse dies? (Manitoba, Canada)
What is the test for determining the appropriate amount of spousal support for a separated spouse? (Manitoba, Canada)
What is the compensatory method for the purpose of determining the amount of support awarded to a spouse who works in the home? (Manitoba, Canada)
What is the test for determining if a child is entitled to child support? (Manitoba, Canada)
What is the legal basis for a spousal support claim? (Manitoba, Canada)
What is the test for a husband's entitlement to spousal support after he and his wife retire? (Manitoba, Canada)
What is the burden of spousal support for a spouse who remarries? (Manitoba, Canada)
Is a father entitled to spousal and/or child support from the time of the parties’ separation? (Manitoba, Canada)
In what circumstances will a spouse be denied spousal support by his wife's estate? (Manitoba, Canada)
What is the effect of a delay in seeking spousal support if the husband has been seeking support for more than a year? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.