What is the test for determining interim spousal support under the Divorce Act, 1985?

On an application for interim spousal support the focus is very often on the one spouse’s needs and the other spouse’s ability to pay, rather than on compensatory factors. In Johnson v. Johnson, [1993] B.C.J. No. 2140 (S.C.) at para. 16, I discussed some of the reasons why such an approach is necessary: 16 ... It is obvious that the determination of entitlement to and quantum of spousal support upon the dissolution of the marriage under the Divorce Act, 1985 requires consideration of a variety of factors through an examination of the evidence relating to the whole history of the relationship, the spouses' roles in that relationship, the economic circumstances throughout the marriage and, most particularly, the economic consequences of the marriage and its breakdown. In many cases, perhaps in the majority of cases, there will be insufficient evidence available at the chambers hearing for interim support to enable the court to engage in this in-depth consideration. It will often be too early to make determinations as to the probable degree of success of one spouse re-entering the work force and achieving self-sufficiency. It may be very difficult or impossible to attempt a determination of the economic advantages or disadvantages arising from the marriage or its breakdown and what degree of compensatory maintenance may be appropriate until the property division has been resolved. While it is an error for the chambers judge or master to consider only the parties' needs and means to the exclusion of other relevant factors, if they are shown to exist, it is my opinion that on an interim application the factors of means and needs will often assume the greatest importance.