What is the test for waiver of entitlement for interim support?
Ontario, Canada
The following excerpt is from Hall v. Sabri, 2011 ONSC 5495 (CanLII):
The applicant relies on the authority Spence v. Sly, 2010 CarswellOnt 8359 to support this submission. I accept that proposition generally and in the circumstances where the parties have not entered into a separation agreement in which entitlement for support was waived. Were the parties before me on an interim support motion shortly after the separation and without first having entered into a separation agreement, the applicant would likely be entitled to interim support.
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