What is the test for determining whether a spouse is entitled to spousal maintenance?
British Columbia, Canada
The following excerpt is from Drysdale v. Neary, 1995 CanLII 1853 (BC SC):
21 In Kennedy v. Kennedy (1994), 98 B.C.L.R. (2d) 287 (S.C.), Newbury J. (as she then was) considered a situation where she found that the main "economic consequence" of the marriage was not the impact of the marriage on earning capacity, but rather the fact that the wife would, in future, have the greatest part of the day-to-day child rearing responsibilities. She refused to order spousal maintenance but held that, inter alia, the wife's "... need to become economically independent and to achieve for herself and her children a standard of living as close as possible to the standard that prevailed during the marriage, ..." persuaded her that an equal division of family assets would be unfair (p. 302).
"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
What is the test for determining whether a spouse is entitled to a spouse's income? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to a reduction in the amount of support they receive from the other spouse? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to spousal support? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to a share of a spouse's property? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to spousal support when there is a breakdown in the relationship? (British Columbia, Canada)
What is the test for determining whether a plaintiff is entitled to claim damages from a repair and maintenance company? (British Columbia, Canada)
What is the test for determining whether L.F. is entitled to spousal support? (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 recipient spouse entitled to common-law spousal maintenance? (British Columbia, Canada)
What is the legal test for determining whether there has been anordinate delay in determining whether a claim has been successful? (British Columbia, Canada)
