Is a plaintiff entitled to spousal support on the basis of need?

British Columbia, Canada


The following excerpt is from Kauwell v. Melnyk, 2007 BCSC 485 (CanLII):

I am, however, satisfied that the plaintiff has established a right to spousal support on the basis of need. In Gostlin v. Kergin supra at 269, Lambert J.A. describes a spouse’s entitlement to support as follows: If the relationship had the characteristics of a true marriage throughout the period of at least two years that is required by the definition of “spouse”, then the parties lived together as husband and wife and there is an entitlement to claim maintenance or support. If the relationship did not have those characteristics, there is no entitlement. And there is no middle ground where the relationship has only some of the characteristics of a true marriage with the result that there is a diminished entitlement.

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