The applicant spouse brought an urgent motion before a case conference seeking interim spousal support, interim child support, and an $8,000 advance on a potential equalization payment.
The respondent agreed to pay guideline child support but disputed the quantum of spousal support and opposed the advance.
The court held that while the applicant had prima facie entitlement to interim spousal support under s. 15.2 of the Divorce Act, the respondent’s financial obligations—including payment of substantial joint family debt and higher accommodation expenses—significantly reduced his ability to pay.
The court determined that strict adherence to the Spousal Support Advisory Guidelines is not mandatory on interim motions and must be balanced against the parties’ means and needs.
Interim spousal support was set at $700 per month and the request for an advance on equalization was refused.
