What is the case law on equitable sharing of the economic consequences of marriage breakdown (compensatory model)?

British Columbia, Canada


The following excerpt is from Suto v. Suto, 2002 BCSC 1176 (CanLII):

The equitable sharing of the economic consequences of marriage breakdown (compensatory model) was discussed by L’Heureux-Dubé J. in Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 at 848-849: … marriage and the family often require the sacrifice of personal priorities by both parties in the interests of shared goals. All of these elements are of undeniable importance in shaping the overall character of a marriage. Spousal support in the context of divorce, however, is not about the emotional and social benefits of marriage. Rather, the purpose of spousal support is to relieve economic hardship that results from "marriage or its breakdown". Whatever the respective advantages to the parties of a marriage in other areas, the focus of the inquiry when assessing spousal support after the marriage has ended must be the effect of the marriage in either impairing or improving each party's economic prospects.

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