When awarding spousal support under the Divorce Act, the judge is obliged to take into account the “condition, means, needs and other circumstances” of each spouse and is directed to consider the economic advantages or disadvantages that arise from the marriage or its breakdown, and the relief of economic hardship arising from the marriage breakdown. Inherent in the Act is the assumption that spousal support ends when the support recipient dies.

This article was published in the National Post. To read the full article, please click here.