What is non-compensationary support for a former spouse following a breakdown in the relationship?
British Columbia, Canada
The following excerpt is from Dheenshaw v. Gill, 2017 BCSC 319 (CanLII):
Non-compensatory support addresses the need of a spouse following the breakdown of the marriage and is based upon the social obligation of a spouse to support a former spouse in financial need, rather than have the public bear that burden: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 at para. 23.
“Need” is a relative term and must be considered taking into account the marital standard of living and the other spouse's post-separation standard of living: Chutter v. Chutter, 2008 BCCA 57 at paras. 57 – 61.
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