Author: Lailna Dhaliwal LLP |

In Bracklow v. Bracklow, the Supreme Court of Canada reviewed the basis for spousal support claims and identified three conceptual models:

  • Contractual: The court will consider any express or implied agreement between the parties to create or limit mutual support obligations.
  • Compensatory: The court will compensate a spouse who has suffered economic disadvantages as a result of the marriage or has contributed to the economic advantage of the other spouse.
  • Needs based: The court will consider the needs, means, and other circumstances of the spouse to determine if the spouse is able to support himself or herself at the end of the relationship without the assistance of the other party.