Can an award of compensatory spousal support be justified by the existence of either an economic disadvantage to the payee spouse or an economic advantage to the Payor spouse?

British Columbia, Canada


The following excerpt is from James v. James, 2016 BCSC 292 (CanLII):

Therefore, an award of compensatory spousal support can be justified by the existence of either an economic disadvantage to the payee spouse or an economic advantage to the payor spouse, or both. Practically speaking, where both factors are present, the award is likely to be higher. This is because the process of determining entitlement to compensatory spousal support should involve looking at the marriage as a whole, rather than performing a minute accounting (Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 at 849 [Moge]): Fair distribution does not, however, mandate a minute detailed accounting of time, energy and dollars spent in the day to day life of the spouses, rather, it involves the development of parameters within which to assess the respective advantages and disadvantages of the spouses as a result of their roles in the marriage, as a starting point in determining the degree of support to be awarded.

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