Is a spouse entitled to spousal support when the spouse dies?
Manitoba, Canada
The following excerpt is from Kalawarny Estate v. Fife, 2016 MBQB 146 (CanLII):
Neither marriage nor a common-law relationship automatically entitles a spouse or partner to support (See Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 (S.C.C.) at p. 864). As Cromwell J. expresses in Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269 at para. 208, “… there is no presumptive entitlement to spousal support …”. A spouse or partner’s estate cannot enforce a right to support that has not been found to exist.
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