When will a finding on property division be used to determine spousal support?

C.’s counsel has suggested that submissions on spousal support should await a finding on property division. As indicated in the excerpt above however, the Hartshorne analysis requires that all available sources of support for the spouse be considered when assessing the fairness of a marriage agreement. Bastarache J. goes on later in the judgment to explain that this order of analysis is necessary to avoid the danger of double recovery — finding an agreement unfair because it does not address the needs of the spouse sufficiently, only to have those needs taken into account again in awarding spousal support. In that respect it is an exception to the usual requirement that property be divided before determining spousal support: Tedham v. Tedham, 2005 BCCA 502 at para. 69.