What is the test for determining whether a plaintiff is entitled to spousal support based on her history of employment income?
British Columbia, Canada
The following excerpt is from Gagne v. Gagne, 2007 BCSC 438 (CanLII):
Still, I agree with the plaintiff’s counsel that her history of employment income does not by itself, disentitle her to any spousal support. The courts recognize three conceptual bases for entitlement to spousal support: compensatory, non-compensatory, and contractual (Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420). Here the plaintiff relies on both the compensatory and non-compensatory model.
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