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Difference between revisions of "Spousal and Child Support (3:X)"

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== D. Spousal Support ==
== D. Spousal Support ==


The fundamental question in determining spousal support is whether the division of assets in a divorce has satisfied spousal support requirements. Although it should be noted that if a party is entitled to compensatory support arising from the relationship, the receipt of significant assets in the division of assets may not result in a loss of entitlement to support (See ''Chutter v. Chutter'', 2009 BCCA 177).
The first thing that a spouse must determine regarding spousal support is whether or not they are entitled to receive it. After that, the amount and duration of spousal support can be determined. The fundamental question in determining spousal support is whether the objectives of spousal support under the Spousal Support Advisory Guidelines [SSAG] are met.  The division of assets in the divorce will impact whether or not the spouse is entitled to spousal support and will be taken into account when the court decides how much spousal support to order. It should be noted that if a party is entitled to compensatory support arising from the relationship, the receipt of significant assets in the division of assets may not result in a loss of entitlement to support (See ''Chutter v. Chutter'', 2009 BCCA 177).  


=== 1. Legislation ===
=== 1. Legislation ===
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