How to determine entitlement to spousal support in a childless marriage?

How to determine entitlement was examined in Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813. It appeared to suggest a feminist analysis was to prevail with an assumption that in all cases when a person (usually the wife) stayed home to raise a child or children, that person had a compensatory claim. Such a claim presumes a loss and compensation to remedy that loss. The loss is generally the loss of an ability to earn sufficient income. Evidence can be provided to prove there has been no loss. Evidence must be provided to establish the strength or weakness of the compensatory claim. This was important because the nature and extent of the compensatory claim was to be a primary factor in deciding the quantum and duration of the claim. For example, weaker compensatory claims may result in a lower spousal support payment or a shorter duration or both. The decision in Moge did raise questions about whether a wife in a lengthy childless marriage would have a compensable claim because she looked after the household and her husband. Many courts recognized that a wife in this situation would also be economically disadvantaged, or the husband advantaged, upon the breakdown of the marriage and as a result entitlement would be compensatory.