What is the test for non-compensable spousal support?

British Columbia, Canada


The following excerpt is from Bagga v. Rajput, 2014 BCSC 2394 (CanLII):

Both parties agree that if spousal support is payable at all, it is only on the basis of non‑compensable spousal support. The leading case, Chutter v. Chutter, 2008 BCSC 507, describes non‑compensable spousal support in the following terms at paragraph 54: 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 . . . 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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