What is the test for determining whether a spouse is entitled to spousal support on a compensatory basis?
Manitoba, Canada
The following excerpt is from Dyck v. Dyck, 2008 MBCA 135 (CanLII):
45 Before us, the husband argued that the wife was not entitled to support on a compensatory basis as that term has been defined in Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420. The husband argues that the wife has been advantaged by the marriage, as evidenced by the monies she has received or will receive from the division of marital assets. Therefore, he further argues that an award of spousal maintenance should be made only on the basis of an assessment of the wife’s needs and means.
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