What is the test for determining spousal support under s. 15.2(6) of the Divorce Act?
British Columbia, Canada
The following excerpt is from M.L.N. v. D.N., 2006 BCSC 249 (CanLII):
The plaintiff relied on Yemchuck v. Yemchuk, 2005 BCCA 406 to illustrate the principles to be considered in a spousal support claim. At ¶ 28-29 of Yemchuck, Prowse J.A. stated that all objectives of s. 15.2(6) of the Divorce Act must be considered in determining whether spousal support is warranted. However, in that case she considered the most relevant factor was the significant disparity in the economic circumstances of the parties caused by the marriage breakdown that resulted in a disproportionate hardship on the plaintiff.
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