Is a spouse entitled to a compensatory spousal award even if the recipient has achieved the objective of self-sufficiency?

British Columbia, Canada


The following excerpt is from S.M. v. J.M., 2015 BCPC 274 (CanLII):

It is noted that it has been held that a compensatory spousal award should continue to be paid even in circumstances where the recipient has achieved the objective of self-sufficiency. [Tedham v. Tedham, 2005 BCCA 502.] But in the initial determination of quantum and duration of support, both of the spouse’s incomes are relevant for consideration.

Other Questions


Can an award of compensatory spousal support be justified by the existence of either an economic disadvantage to the payee spouse or an economic advantage to the Payor spouse? (British Columbia, Canada)
What is the test for entitlement to spousal support based on a compensatory or non-compensatory model? (British Columbia, Canada)
Is a spouse entitled to spousal support on the basis that the spouse has the same career status as she did at the start of the marriage? (British Columbia, Canada)
Is a spouse entitled to spousal support if they fail to achieve economic self-sufficiency? (British Columbia, Canada)
Is a spouse entitled to a spouse's pension as a capital asset as a result of the other spouse’s absence of other assets in favour of the pension? (British Columbia, Canada)
Is a spouse entitled to an in trust award for services provided by her husband to her husband in the absence of a paid spouse? (British Columbia, Canada)
Is a recipient spouse entitled to common-law spousal maintenance? (British Columbia, Canada)
What is the test for the purpose of compensating a recipient spouse for sacrifices made by the recipient spouse in assuming primary childcare and household responsibilities? (British Columbia, Canada)
Can a spouse's efforts to become self-sufficient be imputed in a claim for income imputed if the recipient spouse has failed to make efforts to be selfsufficient? (British Columbia, Canada)
What is the test for balancing the objectives of a spouse in a marriage where the husband and wife want to achieve the same objective? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.