Case Law denial of entitlement of SS

[Working Woman]

Does anybody know of any cases where entitlement to spousal support was denied? Although SSAG says that disparity of income does not automatically imply SS is warranted, it sure seems to be the norm in cases I have read. But nothing out there that I have seen so far resembles my case.

[mcdreamy]

You need to start thinking outside of the box. You are not going to find a case that resembles yours.

And I don't think you should be looking for cases where ss was denied, you are looking for cases where ss was a slamdunk and the reasons why it was a slamdunk -- and then prove none of those reasons apply to your case.

imo, you should sit back and let his lawyer provide the argument/case law proving entitlement.

Anyway, denial of ss does happen - this is the first one I've found in a 3 minute search:

CanLII - 2011 BCSC 317 (CanLII)

and remember - only the crazies make it to Canlii, most separating couples settle before they hit a court house.

[ddol1]

I tell people to get off the government website, the SSAG regulations - it is a read, but as you have read the (150 pages or so) there is no better way to see how your details are dealt with in this document?

[SRT]

SS is supposed to help maintain equal lifestyle for both parties after separation, so that no one has the upper hand, which sometimes does not always happen.

The ex was living common-law(cra status) claimed to live alone on court papers numerous times and showed their total household expenses as her own that was twice her income. She was not denied, but it was quickly dropped.

[Rioe]

SS is supposed to help maintain equal lifestyle for both parties after separation, so that no one has the upper hand, which sometimes does not always happen.

I don't think that's the case anymore. Maybe for long term traditional marriages where the woman is not expected to have ever had a career or be self-sufficient.