What factors must a court consider in its consideration of a spousal support application?

Decisions on spousal support applications involve the exercise of considerable judicial discretion, but that discretion is not exercised in a vacuum. Section 15.2(4) sets out factors that must be taken into consideration. Section 15.4(6) sets out the objectives a court must be mindful of in disposing of these applications. These factors and objectives must be taken into account in every case. The circumstances of each case will of course give certain elements more weight than others, but generally speaking courts must guard against basing their analysis on one factor or objective at the exclusion of the others. The factors and objectives come into play in all stages of the analysis, that is, in the determination of entitlement, duration, and as quantum. Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, para. 35-36 and 50-53.

The law recognizes three basis for entitlement for spousal support, namely, a contractual basis, a compensatory basis and a non-compensatory basis. Moge v. Moge 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813; Bracklow v. Bracklow, supra. Courts must examine any application for spousal support through these three prisms. b) Circumstances of this case