What is the difference between the non-compensationary and compensatory basis for spousal support?

British Columbia, Canada


The following excerpt is from Poon v Yuen, 2021 BCSC 1809 (CanLII):

The compensatory basis for spousal support is concerned with alleviating any economic disadvantage one spouse has suffered as a result of the marriage or its breakdown; the non-compensatory basis for spousal support is based upon the “social obligation model” of marriage, in that it shifts the burden of meeting the needs of one spouse from the public to the other spouse: Moge v. Moge, [1992] 2 S.C.R. 813 at 861, 865, 1992 CanLII 25 (SCC), 99 D.L.R. (4th) 456 [Moge]. Non-compensatory entitlement considers the means and needs of the spouses after separation, while compensatory entitlement is more focused on the period during which the parties were in a relationship, particularly as it relates to economic consequences of choices made during the marriage. A spouse may establish entitlement under multiple bases.

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