What is the test for a judge to determine the balance and fairness of spousal support?

Nova Scotia, Canada


The following excerpt is from Colter v. Colter, 2015 NSSC 2 (CanLII):

Cromwell J.A. (as he then was) wrote in Fisher v. Fisher, [2001] N.S.J. No. 32 (N.S.C.A.) at paragraph 82: “The fundamental principles in spousal support cases are balance and fairness. All of the statutory objectives and factors must be considered. The goal is an order that is equitable having regard to all of the relevant circumstances. As was stated in Bracklow, supra, at [paragraph] 36: …There is no hard and fast rule. The judge must look at all the factors in the light of the stipulated objectives of support, and exercise his or her discretion in a manner that equitably alleviates the adverse consequences of the marriage breakdown.”

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