What is the test for non-compensationary support in a dissolution action?
British Columbia, Canada
The following excerpt is from L.M. v S.M, 2022 BCSC 477 (CanLII):
Non-compensatory support is needs-based. It recognizes the economic hardship and loss of the marital standard of living that arises as a result of economic interdependency during the marriage. Non-compensatory support is based on the economic disadvantages generated by the dissolution of the marriage, not contributions made during the marriage. The degree to which non-compensatory principles apply will depend on a close examination of the means and needs of the parties. It also depends on the nature of the marital relationship: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 at para. 53, 63 B.C.L.R. (3d) 77.
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