What is the governing criteria for an application for interim spousal support?

British Columbia, Canada


The following excerpt is from M.S. v K.S, 2019 BCSC 1458 (CanLII):

On an application for interim spousal support, the governing criteria are qualified by other considerations that relate to the appropriateness of granting relief in advance of a full trial on the merits: Robles v. Kuhn, 2009 BCSC 1163 [Robles] at para. 12. For present purposes, the relevant additional considerations, as listed at para. 12 of Robles, are these: i. On interim support applications, the court should not embark on an in-depth analysis of the parties’ circumstances, which is better left to trial. The court achieves “rough justice” at best. ii. Interim support should only be ordered where it can be said a prima facie case for entitlement has been made out. iii. Where there is a need to resolve contested issues of fact, especially those connected with a threshold issue, such as entitlement, it becomes less advisable to order interim support.

Other Questions


Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
If an application is for interim or permanent support, is the application considered to be for interim support? (British Columbia, Canada)
Does the court's primary concern on an application for interim spousal support concern is with the applicant's need and the respondent's ability to pay? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
What is the claimant's position on an interim application for spousal support? (British Columbia, Canada)
In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
On an interim support application, can the court get bogged down with the merits of the application? (British Columbia, Canada)
What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years? (British Columbia, Canada)
Does the causal connection test apply to an application for interim spousal support? (British Columbia, Canada)
What is the legal framework governing interim applications for an interim order? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.