What is the legal test for the purpose of providing support for a spouse who has been discharged from a long-term relationship?
British Columbia, Canada
The following excerpt is from Chin v Sutherland, 2021 BCSC 732 (CanLII):
These objectives encompass both compensatory and non-compensatory grounds for support: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 at paras. 34-43 and 49. Compensatory support provides redress to the recipient spouse for any economic disadvantage arising from the marriage or the conferral of economic advantage on the other spouse. Non-compensatory support is grounded in the ‘social obligation model’ of marriage in which marriage is seen as an inter-dependent union. Upon marriage dissolution, it falls on the former partner to meet the needs of a disadvantaged spouse and not the state: Chutter v. Chutter, 2008 BCCA 507 at paras. 50-61.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years? (British Columbia, Canada)
What is the test for imputing income to a spouse for purposes of determining spousal support? (British Columbia, Canada)
Can a debtor who is discharged from bankruptcy provide a promissory note in order to secure payment of moneys owing to the debtor prior to his discharge from bankruptcy? (British Columbia, Canada)
In a retrial of the issue of indefinite support for a spouse who was awarded on a non-compensationary basis, is the wife entitled to indefinite support? (British Columbia, Canada)
What is the test for imputing income to a spouse for child support purposes? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
What is non-compensationary support for a former spouse following a breakdown in the relationship? (British Columbia, Canada)
What is the test for imputing income to a spouse for purposes of calculating spousal support? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What is the test for the purpose of compensating the recipient spouse in a long-term relationship? (British Columbia, Canada)
