A former spouse brought a motion seeking interim and permanent spousal support more than two decades after separation and many years after divorce.
The applicant was disabled, dependent on social assistance, and unable to work, while the respondent was retired with modest pension income and had reorganized his finances following remarriage.
The court held that delay in pursuing support does not bar relief under the Divorce Act, but extreme and unexplained delay may significantly affect entitlement and quantum.
Although the applicant established need and entitlement due to disability following a long marriage, the court found the delay unreasonable and reduced support substantially below the Spousal Support Advisory Guidelines.
Interim spousal support of $300 per month was ordered with no retroactivity and no indexation.
