Does the claimant's remarriage affect her entitlement to spousal support?

British Columbia, Canada


The following excerpt is from Lochhead v. Lochhead, 2014 BCSC 962 (CanLII):

I do not accept the respondent’s suggestion the claimant's remarriage affects her entitlement to spousal support here. In Kelly v. Kelly, 2007 BCSC 227 the court discussed the impact of remarriage on spousal support and concluded the effect on needs-based support will generally be more significant than compensatory support. At paragraph 49, the court wrote: … Support based on compensatory considerations may still be payable if the receiving spouse remarries. Re-marriage does not compensate the receiving spouse for [what has been] … foregone during an earlier marriage. To that extent and for that reason, its effect on spousal support may not be significant.

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