What considerations must be considered in determining the suitability of a retroactive award of spousal support?
British Columbia, Canada
The following excerpt is from T.N.S. v. T.L.G., 2016 BCSC 2312 (CanLII):
Similar considerations to those set out above in the context of retroactive child support are also relevant to deciding the suitability of a retroactive award of spousal support: the needs of the recipient, the conduct of the payor, the reason for the delay in seeking support, and any hardship the retroactive award may occasion on the payor spouse: Kerr v. Baranow, 2011 SCC 10 at para. 207.
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