The leading case on non-compensatory support is Bracklow v. Bracklow 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420. The case seems to say that compensation is the main basis for spousal support but that there may be cases where there is need such as ill health or no work within the receipient’s skill set. The basis of needs based support originates with the theory that a spouse, as opposed to the state, should support a spouse who is in need. Bracklow looked at non-compensatory support as another option, not an alternative to compensatory support. Therefore, where there is or was an interdependence and compensatory support is no longer applicable, there may still be a need which gives rise to an entitlement to spousal support. Factors to consider would be the duration of the marriage, whether there was a drop in standard of living after separation, and economic need.
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