What is the test for determining maintenance in a divorce case?
British Columbia, Canada
The following excerpt is from M.A.J.L. v. M.B.L., 2004 BCSC 933 (CanLII):
In Bracklow v. Bracklow, the comment was made, in determining maintenance, that: It is important to recognize that sometimes the goals of actual independence are impeded by patterns of marital dependence. That too often self-sufficiency at the time of marriage termination is an impossible aspiration and that marriage is an economic partnership that is build upon a premise of mutual support.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a party claim arrears of maintenance under the terms of a divorce agreement where there has been no application for child support since the divorce agreement was signed? (British Columbia, Canada)
In making a determinate order on a motion of no confidence in a motion for personal injury in a personal injury case, what are the reasons why such a determination is necessary? (British Columbia, Canada)
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
What is the test for determining whether the evidence in a medical malpractice case supports the case? (British Columbia, Canada)
What are the factors used to determine the diligence factor in determining whether to grant an application in a personal injury case? (British Columbia, Canada)
Is there any case law or case law supporting the use of historical income figures for purposes of determining the value of individual income? (British Columbia, Canada)
What factors must the court consider in determining a divorce under s. 15.2(4) of the Divorce Act? (British Columbia, Canada)
What is the relevant case law and case law relevant to this determination? (British Columbia, Canada)
What is the case law on the re-opening of a plaintiff’s case in a civil case? (British Columbia, Canada)
