In a long-term marriage, can a husband appeal a decision of the trial judge dismissing his spousal support claim on the basis that he has not established any need?
British Columbia, Canada
The following excerpt is from J.J.G. v. K.M.A., 2009 BCSC 1056 (CanLII):
In Yemchuk v. Yemchuk, 2005 BCCA 406, the husband successfully appealed the decision of the trial judge dismissing his claim for spousal support on the basis that he had not established any need. Madam Justice Prowse concluded that the trial judge’s analysis of the husband’s need as equating to solely whether he could meet his stated expenses with his available income was “unduly restrictive” and “too narrow”. In the context of a long-term marriage, the assessment of need must take into account the marital standard of living and the post-separation standard of living.
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