What is the test to justify a spousal support application?
British Columbia, Canada
The following excerpt is from Osadchuk v. Osadchuk, 1997 CanLII 2332 (BC SC):
In order to justify a claim for spousal support, the applicant must demonstrate that she is otherwise entitled to maintenance and that there has been a substantial, unforeseen and continuing change in circumstances from those contemplated at the time of the agreement. (See Carter v. Carter, supra.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a pre-existing agreement between the parties with respect to spousal support bar an application for support under the Divorce Act? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
Can a spousal support application be justified on a compensatory or needs basis? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
If an application is for interim or permanent support, is the application considered to be for interim support? (British Columbia, Canada)
Does the court's primary concern on an application for interim spousal support concern is with the applicant's need and the respondent's ability to pay? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
How have courts dealt with an application for spousal support where the initial application is inconsistent with a pre-existing agreement? (British Columbia, Canada)
