Ontario, Canada
The following excerpt is from McIntyre v. Winter, 2020 ONSC 4376 (CanLII):
Where a spouse maintains a similar standard of living to that he enjoyed before separation, there is no basis for a needs-based, non-compensatory claim for support. Lamothe v. Lamothe, 2006 CanLII 42360.
Non-compensatory support may arise from the mere fact that a person who formerly enjoyed inter-spousal entitlement to support now finds herself or himself without it. A party’s accustomed standard of living during a relationship is an appropriate part of context upon which need should be based. Blackstock v. Comeau, 2018 ONSC 193.
The word “need” is not limited to one’s basic needs. It can be interpreted to cover situations where a spouse suffers a significant decline in the standard of living, he or she enjoyed during the relationship. Nixon v. Lumsden, 2020 ONSC 147. Is Ron Disabled?
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