In what circumstances will a plaintiff common law wife who lived together for nine years, and lived beyond her means, receive retroactive spousal maintenance and interest in the pension of her common law husband?

British Columbia, Canada


The following excerpt is from Gawthorn v. Allan, 2008 BCSC 1649 (CanLII):

In Massincaud v. Logie, the parties lived together for nine years, and lived beyond their means. In her action, the plaintiff common law wife sought retroactive spousal maintenance and an interest in the pension of the husband, by way of a constructive trust, or monetary compensation.

Other Questions


If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
In what circumstances will a trial court order permanent spousal support for the payor husband, even if the husband’s income is uncertain? (British Columbia, Canada)
Can a pension-holding spouse continue to receive spousal support beyond the date of retirement? (British Columbia, Canada)
In what circumstances will a husband and wife be able to claim equal living standards of living with the wife when they separate from each other? (British Columbia, Canada)
In what circumstances will a court order that a wife receive one-half of the proceeds of the sale of her half interest in a property owned by her husband? (British Columbia, Canada)
Is a spouse entitled to receive a pension benefit from the Pension Corporation of BC Pension Corporation? (British Columbia, Canada)
In what circumstances will a court order retroactive child support for a retroactive period of 12 years? (British Columbia, Canada)
What is the common law common law obligation of a landowner at common law to do anything with regard to a natural watercourse? (British Columbia, Canada)
What interests and circumstances should a plaintiff consider when deciding whether to bring a class action? (British Columbia, Canada)
What is the effect of a plaintiff’s behaviour in seeking spousal support for a husband who is a winery owner? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.