In what circumstances will a court refuse to order interim spousal support?

British Columbia, Canada


The following excerpt is from Goriuk v. Turton, 2011 BCSC 652 (CanLII):

In Halliday v. Ermantrout, 2009 BCSC 1454, Madam Justice Ross, citing Naku v. Chertkow, 2003 BCSC 1285, explained that in certain circumstances, despite conflicts in affidavits, the materials before the court will be sufficient to make an interim spousal support order; however, in some circumstances the material will be so conflicting or deficient that an order cannot be made without a full hearing (at para. 43). In that case, the parties co-habitated for 13 years and never married. Ross J. declined to order interim spousal support as she found that every allegation of fact in the affidavit materials was disputed by the other party. There was no benefit of cross-examination or examination for discovery. Even if she accepted the materials as presented, she found that while there was a need shown by the applicant, there was no corresponding ability for the husband to pay (at para. 44).

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