In what circumstances will a court dismiss a spousal support claim arising from the death of the husband?
British Columbia, Canada
The following excerpt is from Petley-Saba v. Saba, 2017 BCSC 667 (CanLII):
In Carlson v. Phelan Estate, 2016 BCSC 1256, a wife commenced divorce proceedings in which she sought spousal support. Before those proceedings were adjudicated her husband died. Mr. Justice Walker dismissed the spousal support claim referring to Price and observing that the only available claim on the death of the husband was for division of family property and debts pursuant to the Family Law Act.
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