If a claimant has no means with which to pay support to the respondent, would she have been entitled to spousal support?

British Columbia, Canada


The following excerpt is from L.L.H. v. T.W.H., 2015 BCSC 1433 (CanLII):

Further, as set out above, while the claimant has no current means with which to pay support to the respondent, her circumstances during the months child support was unpaid would have militated in favour of some spousal support based upon the means and needs test enunciated in Bracklow v. Bracklow, [1999] 1. S.CR. 420 (S.C.C.).

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