Is a plaintiff entitled to interim maintenance for the purposes of spousal support?

British Columbia, Canada


The following excerpt is from Cochran v. Liddle, 2006 BCSC 250 (CanLII):

In summary, while the plaintiff has some need for support at this time and the defendant has considerable ability to pay, I am not satisfied the plaintiff has met the test set out by Lambert J.A. in Gostlin v. Kergin. The application for interim maintenance is dismissed. The plaintiff will be able to apply for spousal maintenance at trial and at trial, the question of retroactivity can be dealt with as well.

Other Questions


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)
Is interim maintenance for the purposes of spousal support exhausted by the granting of a divorce? (British Columbia, Canada)
What is the legal test for entitlement to spousal support under s. 15.2(6) of the Spousal Support Guidelines? (British Columbia, Canada)
What are the principles underlying entitlement to and calculation of spousal support for the purposes of determining the outcome of a BCSC case? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
What is the test for determining interim support at a spouse's interim support hearing? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
Is a plaintiff entitled to be treated as a thin-skulled plaintiff for the purpose of damage assessment? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
Is a plaintiff entitled to spousal support based on her need? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.