Is a plaintiff entitled to spousal support on a compensatory or non-compensatory basis?
British Columbia, Canada
The following excerpt is from Vo v. Vo, 2015 BCSC 467 (CanLII):
I am satisfied given the contributions of the plaintiff both directly and indirectly to the family as a result of her role as wife and mother and the resulting loss of income earning capacity, that the plaintiff is entitled to spousal support on a compensatory basis (Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813) and on a non-compensatory basis (Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420) given her income and lifestyle post-separation when compared to that of the defendant.
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