What is the impact of notice, delay and misconduct on a claim for spousal support?

Concerns about notice, delay, and misconduct generally carry more weight in relation to claims for spousal support than child support: Kerr v. Baranow, para. 208. This is because spousal support has a different legal foundation than child support. There is no fiduciary relationship of presumed dependency in a spousal relationship. Unlike child support, entitlement to spousal support is not “automatic”. Unlike child support cases, where the “payor parent is or should be aware of the obligation to provide support commensurate with his or her income”, separated spouses are not obliged to look after the other’s legal interests: Kerr v. Baranow, para. 208.

Delay does not bar a claim for spousal support provided there is a reason for the delay and the events that have transpired since the delay: Walker v. Greer (2003), 44 R.F.L. (5th) 257 (Ont. S.C.), at para. 35.

Extreme delay in claiming support can diminish or defeat a claim. It may raise questions as to whether there was an ongoing reasonable expectation of support, and whether there was actual need on the part of the claimant spouse. The longer the delay, the greater the need to offer a compelling explanation for the delay because of the increasing presumption of financial independence and clean break. It may also affect quantum of support: Karlovic v. Karlovic, 2018 ONSC 4233, 12 R.F.L. (8th) 325, at para. 70.