What is the test for the purpose of compensatory support?

British Columbia, Canada


The following excerpt is from Phillips v Saunders, 2018 BCSC 960 (CanLII):

The claimant seeks spousal support on a compensatory basis. There is no dispute as to what compensatory support is intended to achieve as set out in Chutter v. Chutter, 2008 BCCA 507 at para. 50: 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. The compensatory support principles are rooted in the “independent” model of marriage, in which each spouse is seen to retain economic autonomy in the union, and is entitled to receive compensation for losses caused by the marriage or breakup of the marriage which would not have been suffered otherwise [cite omitted]. The compensatory basis for relief recognizes that sacrifices made by a recipient spouse in assuming primary childcare and household responsibilities often result in a lower earning potential and fewer future prospects of financial success…

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