Can a spousal support application be justified on a compensatory or needs basis?

British Columbia, Canada


The following excerpt is from A.J.E. v T.B.W., 2017 BCSC 1657 (CanLII):

Spousal support can be justified on a compensatory or needs basis. The compensatory aspect was summarised by Weatherill J. in Kneller v. Greenwood, 2015 BCSC 1410 at para. 118 as follows:

Compensatory support is intended to provide redress to the recipient spouse for economic disadvantage arising from the spousal relationship or the conferring of an economic advantage upon the other spouse. The recipient spouse is entitled to receive compensation for losses caused by the breakup of the spousal relationship which would not have been suffered otherwise. The award recognizes that sacrifices made by a recipient spouse in assuming primary household responsibilities often result in a lower earning potential and fewer future prospects for financial success. It may also address economic advantages enjoyed by the other spouse as a result of the recipient spouse’s efforts: Chutter v. Chutter, 2008 BCCA 507 at paras. 50 - 51, leave to appeal ref’d [2009] S.C.C.A. No. 41.

Other Questions


Does a post-separation disparity in income between the payor and payor spouse need to be a basis for non-compensatory spousal support? (British Columbia, Canada)
Does the court's primary concern on an application for interim spousal support concern is with the applicant's need and the respondent's ability to pay? (British Columbia, Canada)
Is a plaintiff entitled to spousal support on a compensatory or non-compensatory basis? (British Columbia, Canada)
What is the test to justify a spousal support application? (British Columbia, Canada)
In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the difference between the non-compensationary and compensatory basis for spousal support? (British Columbia, Canada)
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)
What is the difference between compensatory and non-compensatory grounds for spousal support under the Divorce Act? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.