What factors apply to retroactive spousal support under the Divorce Act?

The court in Kerr v. Baranow held that the factors applying to retroactive spousal support claims under the Divorce Act are similar to those set out in D.B.S. when the issue is retroactive child support except that the weight accorded to each factor will be different. It said that unlike child support, there is no presumptive entitlement to spousal support. The legal underpinning is different and a spouse is not under any legal obligation to look out for the other party’s spousal support interests in the way a parent is obliged to do for their child. Concerns around the extent of the notice given to the payor, the recipient’s excuse for delay and the payor’s misconduct will generally be given more weight when the claim is for retroactive spousal. [20]