The Court recognizes that as a matter of law a spouse is not presumptively entitled to spousal support, nor is the other spouse required to look out for the others interest in that regard (Kerr v. Baranow 2011 SCC 10 at para. 208). However, that is not the same as saying that a spouse may not be prima facie entitled to spousal support in any given case, either on need or compensatory grounds. Surely, authority is not needed to be cited for that statement. And, in this case the wife appears entitled given the length of marriage, the respective roles during marriage and, ostensibly at least, the fact that the husband was the higher income earning spouse during the marriage.
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