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.

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