What is the test for compensatory support?

Alberta, Canada


The following excerpt is from Gardner v. Gardner, 2008 ABQB 527 (CanLII):

Compensatory support was explained by Conrad J.A., speaking for our Court of Appeal in Corbeil v. Corbeil, 2001 ABCA 220, 286 A.R. 330 at para. 45: Essentially, compensatory support intends that both spouses profit from the joint venture of marriage. The question is not what the disadvantaged spouse would have achieved had he or she not entered the marriage. Rather, the question is what was that spouse's contribution to the marriage and was the other spouse advantaged by that contribution. In compensating a spouse for contributions made to the marriage a number of factors can come into play, but as Langston J. held in Bennett v. Bennett, 2005 ABQB 984, 57 Alta. L.R. (4th) 380 at para 16: "The most common example where compensatory spousal support is likely to be ordered is when one spouse has a diminished earning capacity resulting from long interruptions in employment to take on parenting or domestic responsibilities."

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