Is a recipient spouse entitled to common-law spousal maintenance?

Compensatory spousal maintenance is designed to ensure that a recipient spouse enjoys a similar lifestyle to that which that spouse enjoyed during the marriage (see Fisher v. Fisher, 2008 ONCA 11 at para. 55).

Entitlement is clear in this case on the compensatory basis due to the fact that the respondent was a care giver for the children for a number of years while the husband was in the work world. As a result her career did not advance during those years. Compensatory spousal support does not involve an equalization of the net disposable income of the parties, but focuses on the economic consequences of the marriage or its breakdown (Moge and Armstrong v. Armstrong, 2012 BCCA 166). In the case at bar, there was an unequal division of assets after separation and spousal support has been paid in a significant amount since separation.