Is a mother entitled to spousal support on both a compensatory and non-compensatory basis?

Ontario, Canada


The following excerpt is from Converti v. Escobedo, 2011 ONCJ 627 (CanLII):

[38] I had no difficulty finding that the mother is entitled to spousal support on both a compensatory and non-compensatory basis. See Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420. The parties agreed that the mother would stay at home to care for a special needs child. She was also responsible for the management of the family household. This freed the father to concentrate on his career and to maximize his income. The mother is a lawyer but gave up the pursuit of her career for her family. She has been financially disadvantaged by the breakdown of the relationship. Her earning potential will also be compromised by her ongoing child-care obligations. See Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813. The reality is that due to the special needs of the child, the mother will need to be home for the foreseeable future to be available to take the child to her multiple appointments and programs. At best, she will only be able to find modest part-time work. Lastly, while she is quite intelligent, the mother’s English is very poor, which adversely affects her employability.

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