What is the test for spousal support under s. 15 of the Divorce Act?

Alberta, Canada


The following excerpt is from McCully v. McCully, 2000 ABQB 209 (CanLII):

Following separation in late August 1994, the parties entered into a Settlement Agreement to resolve their matrimonial property disputes, and additionally, provided for some spousal maintenance for the plaintiff wife. This trial is concerned with the issue of spousal support, and spousal support in this case, as in most cases, touches on a number of factors including the principles addressed in s. 15 of the Divorce Act considered in Moge v. Moge (1992), 1992 CanLII 25 (SCC), 3 S.C.R. 813, and Bracklow v. Bracklow 1999 CanLII 715 (SCC), 44 R.F.L. (4th) 1. Additionally, it touches on the disposition that was made of the matrimonial property and, of course, the terms of the Settlement Agreement itself.

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