What is the range of bases for a spousal support claim?

British Columbia, Canada


The following excerpt is from Lahdekorpi v. Lahdekorpi, 2016 BCSC 2143 (CanLII):

In this case, there are both compensatory and non-compensatory bases for the spousal support claim. Compensatory principles address the contributions of a spouse to the relationship and the spouse's losses upon its breakdown. For example, where one spouse did not pursue employment outside the home in order to care for children, the spouse may be at an economic disadvantage relative to the other spouse, which compensatory support seeks to address: Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 at 861-863.

Non-compensatory principles address the needs of a spouse after the breakdown of a relationship. It is based on the social obligation of a spouse to look after his or her former spouse who is in financial difficulty, rather than letting that burden fall upon the public: Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420 at para. 23.

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