Can a husband make retroactive spousal support claims in the absence of a specific pleading?

Allowing retroactive claims in the absence of a specific pleading would also create problems from an administration of justice perspective, since situations could emerge where the first clear indication that retroactive claims are being pursued is given at the commencement of trial. Indeed, this is exactly what occurred in this case. This was the precise situation which the British Columbia Supreme Court faced in the case of Nielsen v. Nielsen,[60] where the court concluded that a claim for retroactive spousal support must be specifically pled. An unexpected claim for retroactive relief at the outset of a hearing typically results in last minute motions to amend pleadings or requests that the hearing be adjourned altogether. The fundamental principle that litigation must be decided within the boundaries of the pleadings developed as a result of precisely these types of difficulties and challenges.[61]