What factors apply to retroactive spousal support?

Turning first to the issue of retroactivity, there is no doubt that the factors governing whether retroactive support should be paid as discussed in D.B.S. apply to cases in which retroactive spousal support has been claimed: Kerr v. Baranow, 2011 SCC 10, [2011] 1 S.C.R. 269 (S.C.C.). However, Cromwell J. articulated, at para. 208, that unlike the situation with child support, a spouse is generally not under any legal obligation to look out for the separated spouse’s legal interest because spousal support is not “automatic”. As a result, concerns about notice, delay and misconduct generally carry more weight in relation to claims for spousal support.