What is the legal test for a wife's application for spousal support under s. 15.2(1) of the DA?
British Columbia, Canada
The following excerpt is from N.P.T. v. L.M.E.D., 2016 BCSC 900 (CanLII):
In part the wife seeks to set aside or vary the part of the separation agreement dealing with spousal support. The leading decision with respect to the weight or deference given to a separation agreement in relation to an application for spousal support under the DA is Miglin v. Miglin, 2003 SCC 24. That case dealt with an initial application for spousal support under s. 15.2(1) of the DA.
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