What is the test for recovery for economic hardship arising from the breakdown of a marriage?
Ontario, Canada
The following excerpt is from Cosentino v Cosentino, 2016 ONSC 4021 (CanLII):
Where compensation is not indicated and self-sufficiency is not possible, a support obligation may nonetheless arise from the marriage relationship itself. Subparagraphs (c) and (d) of s.15.2(6) speak to non-compensatory factors. Economic hardship arising from the breakdown of the marriage is capable of encompassing not only health or career disadvantages arising from the marriage breakdown properly the subject of compensation, but the mere fact that a person who formerly enjoyed intra-spousal entitlement to support now finds herself or himself without it. Permitting recovery for the economic disadvantages of a marriage breakdown as distinct from “the disadvantages of the marriage” is an explicit recognition of non-compensatory support. The goal of promoting economic self-sufficiency is not necessarily tied to compensation for disadvantages caused by the marriage or its breakdown (see: Bracklow v. Bracklow, supra).
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