What is unconscionable is the fact that the wife of a respondent has no claim to spousal support if she ends up with no assets at the end of the relationship?

British Columbia, Canada


The following excerpt is from L.E.M. v. D.M.I., 2013 BCSC 450 (CanLII):

It is also clear on the analysis in Miglin and Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, that the claimant would be entitled to compensatory spousal support if she ended up with no assets at the end of the relationship, in contrast to the respondent’s large asset base. The fact that the agreement provided that the claimant had no claim to the respondent’s assets and no claim to spousal support is also unconscionable. Given the rest of my findings, I do not find it necessary to expand on this point further.

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