When will a retroactive award of spousal support be determined?
British Columbia, Canada
The following excerpt is from Mahannah v. Mahannah, 2012 BCSC 403 (CanLII):
Similar considerations to those applicable in the context of 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. However, as Mr. Justice Cromwell explained in Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269, at paras. 207-209:
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