What is the test for determining the appropriate level of support for a separated spouse?

Ontario, Canada


The following excerpt is from Curry v Curry, 2016 ONSC 1893 (CanLII):

As stated in Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, at para. 36, the court must review all the factors in light of the stipulated objectives of support and exercise its discretion that “equitably alleviates the adverse consequences of the marriage breakdown and strikes the balance that best achieves justice”.

Since the decisions in Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, and Bracklow, the authorities on the granting of spousal support, the SSAG have been enacted. Although advisory and not a replacement for the analysis under the Divorce Act, the SSAGs nevertheless provide the court with a helpful tool in providing ranges to consider in determining quantum. It provides the information of NDIs after payment of child support that the court can use as one of its factors when it exercises its discretion on the facts before it.

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