What is the test for making a temporary spousal support award in the face of a cohabitation agreement?

The wife relies on Scheel v. Henkelman[1] where temporary spousal support was ordered in the face of a cohabitation agreement that precluded an award. The court held there were triable issues as to whether the applicant was bound by the agreement, whether the respondent had breached it, and whether the agreement was unconscionable. Since the court found the applicant was in need, and the respondent had the ability to pay, it was appropriate to make a temporary spousal support award.