What is the test for a claim for non-compensationary support in a separation?

New Brunswick, Canada


The following excerpt is from Mills v. Mills, 2009 NBQB 136 (CanLII):

In Chutter v. Chutter, 2008 CarswellBC 2661, Rowles J.A. for the Appeal Court at paragraph 54 said: Where compensatory principles do not apply, need alone may be sufficient to ground a claim for spousal support (Bracklow, at para. 43). Non-compensatory support is grounded in the "social obligation model" of marriage, in which marriage is seen as an interdependent union. It embraces the idea that upon dissolution of a marriage, the primary burden of meeting the needs of the disadvantaged spouse falls on his or her former partner, rather than the state (Bracklow, at para. 23). Non-compensatory support aims to narrow the gap between the needs and means of the spouses upon marital breakdown, and as such, it is often referred to as the "means and needs" approach to spousal support.

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