Spousal Support: Don’t Delay in Applying For Spousal Support!

September 15, 2020

As a divorce and family lawyer I help clients concerning spousal support.

The Honourable Mr. Justice Wilson in Legge v. Legge 2020 BCSC 1221 in consideration of a retrospective application for spousal support 10 years after the end of an 8 ½ year relationship commented,

[74]         I am satisfied that the respondent has established an entitlement to spousal support, both compensatory and non-compensatory. However, for the reasons that follow, I conclude it would not be in the interests of justice to make a retroactive order for spousal support.…

[78]         I accept that the respondent would have been entitled to spousal support, both on compensatory and non-compensatory grounds had she sought such support sooner. I have concerns, however, about the amount of spousal support she seeks, and her delay in seeking it.”

After further review of the facts which included amongst others a lack of finances to advance a claim for spousal support, The Honourable Mr. Justice Wilson stated,

[96]         Even I if accepted the respondent’s position on the duration of her entitlement, which is until the end of 2017, it is now two and a half years since the last payment would have been made. At this point, an award of retroactive support would simply serve to redistribute the family property and, in particular, the only asset which is the proceeds of sale from the home for which the claimant has paid the mortgage for almost 10 years....

[97]         I find that although the respondent would have been entitled to spousal support had an application been brought earlier, it would be unfair if she were permitted to advance the claim at this very late juncture.”

If you think you may have a claim concerning spousal support don’t delay! As a divorce and family lawyer I can help. Call now to schedule you free 30 minute consultation.


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