What is the legal basis for a spousal support claim?
Manitoba, Canada
The following excerpt is from Gabb v. Gabb, 2001 MBCA 19 (CanLII):
10 Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, establishes that entitlement to spousal support may be grounded on any combination of three bases, namely, contract, compensation for the disadvantages arising out of the marriage or its breakdown, or support required to relieve the economic hardships arising from the marriage breakdown. It is essential that judges who are considering requests for spousal support keep these vital distinctions in mind in coming to their conclusion (and in their reasons). Failure to do so makes it difficult to determine the legal basis on which an award of spousal support has been made and could lead to unnecessary difficulty should the matter be appealed.
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