What is the impact of delay in bringing an application for spousal support?

British Columbia, Canada


The following excerpt is from Wellard v Wellard, 2020 BCSC 1877 (CanLII):

Delay in bringing an application for spousal support has been considered in a number of cases. Some of those cases were summarized by Justice Schultes in Segura v. Segura, 2020 BCSC 650, at para. 131:

Other Questions


In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
Does a pre-existing agreement between the parties with respect to spousal support bar an application for support under the Divorce Act? (British Columbia, Canada)
Can a party to a spousal support order bring an application to vary it under s. 17(4.1) of the Divorce Act? (British Columbia, Canada)
What is the impact of the SSAG on a recipient of spousal support in the US who would not be taxed on that support? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
If an application is for interim or permanent support, is the application considered to be for interim support? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.