Can a paying spouse apply for maintenance against the paying spouse?
British Columbia, Canada
The following excerpt is from Soule v. Soule, 1982 CanLII 639 (BC SC):
If one considers that the legislative provisions concerning maintenance are intended to assist the spouse in need of support, the criticism of an application by the paying spouse is well-founded. There may, however, be situations where the circumstances justify some relief for the paying spouse, and on that basis I prefer to apply Gergely v. Gergely and Posener v. Posener, both supra, requiring a determination of whether such limited and unusual circumstances exist to justify relief for the respondent. The onus is upon the respondent to establish that relief should be granted to him.
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