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

Manitoba, Canada


The following excerpt is from Delichte v Rogers, 2013 MBCA 106 (CanLII):

Furthermore, in many cases, it quickly becomes apparent that the “real” issue is whether the expense is reasonable in relation to the means of the spouses, and whether the expense is reasonable in light of the parties’ spending pattern pre-separation. In that regard, it is necessary to focus on the means of the parties, not just their incomes. Case law indicates that the means of the parties should be interpreted broadly to include a consideration of all financial resources, including capital assets, income distribution, debt load, third-party resources which impact upon the parties’ means, access costs, obligations to pay spousal or other child support orders, spousal support received, and any other relevant factors (see Leskun v. Leskun, 2006 SCC 25 at para. 29, [2006] 1 S.C.R. 920).

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