Subsection 15.2(6) of the Divorce Act states the objectives of ordering spousal support in a family law proceeding:
(a) recognizing economic advantages and disadvantages to the spouses of the marriage and its breakdown;
(b) apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;
(c) relieve any economic hardship of the spouses arising from the breakdown of the marriage; and,
(d) promoting the economic self-sufficiency of each spouse within a reasonable period of time.
Need is not measured solely for the purpose of subsistence but is assessed by viewing marriage as an economic partnership. The guiding principle is that the recipient spouse is entitled to maintain the standard of living that he/she was accustomed to prior to separation.
Compensation is seen appropriate in circumstances where a spouse foregoes his/her educational and employment opportunities to care for the children and maintain the household.
Non-compensatory ground is based on the mutual obligation arising from the marriage itself; the expectations of the parties when they were married; and the need to grant relief from hardship flowing from the break-up of the marriage.
The Supreme Court of Canada in Moge v. Moge stated that self-sufficiency shall not be given priority when determining the right to, quantum of and duration of spousal support. The S.C.C. clearly stated that all relevant factors must be considered in determining spousal support claims.
For a discussion about entitlement to spousal support, please consult Narang Law Professional Corporation.
http://scc-csc.lexum.com/scc-csc/scc-csc/en/item/946/index.do