What is the retroactive nature of an award for spousal support?
British Columbia, Canada
The following excerpt is from F.K.L. v D.M.A.T, 2020 BCSC 1296 (CanLII):
The considerations bearing on the retrospectivity of a spousal support award parallel those in respect of a child support award, except that lack of notice that a claim will be brought weighs even more heavily in this context; Kerr v. Baranow, 2011 SCC 10 at paras. 207-208. In this case, an award of spousal support should not pre-date the notice given in July 2018.
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