What is the legal foundation for spousal support?
Nova Scotia, Canada
The following excerpt is from Ward v Lucis, 2018 NSSC 131 (CanLII):
The legal foundation for spousal support is different from the legal foundation for child support: there is no presumptive right to spousal support while there is an “automatic” right to child support. Consequently, I must consider the factors differently, with concerns about notice, delay and misconduct carrying more weight in retroactive spousal support claims than they do in retroactive child support claims: Kerr v. Baranow, 2011 SCC 10 at paragraphs 207-208.
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