July 11 – Spousal Support and Need

“In determining need, the court is to be guided by the principle that the spouse receiving support is entitled to receive the support that would allow her to maintain the standard of living to which she was accustomed at the time cohabitation ceased. In addition, there is jurisprudence to the effect that a spouse is entitled to an increase in the standard of living such as would have occurred in the normal course of cohabitation: See MacDougall v. MacDougall(1973), 11 R.F.L. 266 (Ont. Sup. Ct.) per Henry J. See also Linton v. Linton(1990), 1 O.R. (3d) 1 (C.A.). At the same time the court must guard against redistributing the payor’s capital in the guise of support.”

Marinangeli v. Marinangeli, (2003), 66 O.R. (3d) 40 (C.A.) at 74