What is the test for a claim for spousal support on a non-compensationary or needs basis?
British Columbia, Canada
The following excerpt is from Hewett v. Hewett, 2016 BCSC 2429 (CanLII):
Regarding a claim for spousal support on a non-compensatory or needs basis, one must look to s. 15.2(6)(c) and (d) of the Divorce Act and to Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, which states that a social obligation imposes the burden of meeting the needs of a disadvantaged spouse on the other spouse. Non-compensatory support can be rooted in disabled or ill spouses in need of support.
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