What is the test for entitlement to spousal support based on a compensatory or non-compensatory model?

British Columbia, Canada


The following excerpt is from McAuley v. McAuley, 2006 BCSC 1643 (CanLII):

In Canada, there is a broad basis of entitlement to spousal support based on either a compensatory or a non-compensatory model. Following Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, and Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, the primary approach of the compensatory model has been to recognize the economic disadvantages, in terms of the paid labour market that has been experienced by one spouse, usually flowing from the way in which family responsibilities were divided during the marriage. The most common situation triggering the compensatory ground for support is where one spouse assumes a disproportionate share of the child care responsibilities and foregoes maximizing their full potential in the paid workforce. As McLachlin J. says in Bracklow at para. 1: It is now well-settled law that spouses must compensate each other for foregone careers and missed opportunities during the marriage upon the breakdown of their union. .

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