What is the test for the purpose of compensating the recipient spouse in a long-term disability case?

British Columbia, Canada


The following excerpt is from Wong v Li, 2018 BCSC 745 (CanLII):

Compensatory support is intended to provide redress to the recipient spouse for economic disadvantage arising from the marriage or the conferral of an economic advantage upon the other spouse: Chutter v. Chutter, 2008 BCCA 507 at para.50, leave to appeal ref’d [2009] 1 S.C.R. vi (note).

Compensatory entitlement is generally found in marriages of long duration. It may also be found where the spouse seeking support has worked primarily in the family business: Ursel v. Ursel, 2014 BCSC 1219; B.J.A. v. W.A.A., 2008 BCSC 1319.

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