In a retrial of the issue of indefinite support for a spouse who was awarded on a non-compensationary basis, is the wife entitled to indefinite support?
British Columbia, Canada
The following excerpt is from Natanj v Nasiri, 2018 BCSC 1122 (CanLII):
In Bracklow v. Bracklow (1999), 1999 CanLII 5311 (BC SC), 181 D.L.R. (4th) 522 (B.C.S.C.), the retrial of the support issue, this court acknowledged at para. 32: …[E]ven where entitlement is based on non-compensatory grounds, ongoing need and ability to pay does not automatically entitle a spouse to indefinite support. After balancing all the relevant criteria, the court must make a just and appropriate award based on the circumstances of the particular claim.
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