How has the former standard of living been treated in the context of spousal support claims?

Ontario, Canada


The following excerpt is from Stefinashen v. Armour, 1997 CanLII 17014 (ON SC):

[25] The particular thrust of the applicant’s claim being focussed on her desire for independent housing, it must be borne in mind that she has lost the security and independence of residence that she enjoyed during her time living with the respondent. That was her style of life and I have already set out the many features of their life together that were the source of enjoyment to them as individuals and as a couple. Again, Justice L’Heureux-Dubé spoke of the former standard of living in Moge v. Moge. At page 390 [R.F.L.], she said: Although the doctrine of spousal support which focuses on equitable sharing does not guarantee to either party the standard of living enjoyed during the marriage, this standard is far from irrelevant to support entitlement. The legislation expressly carries the former life style standard into the compulsory considerations in clause 33(9)(f) when the following words are used: (f) the dependant’s needs, in determining which the court shall have regard to the accustomed standard of living while the parties resided together;

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