How is spousal support awarded to a woman who stays home to raise a child?

Nova Scotia, Canada


The following excerpt is from Klefenz v. Klefenz, 2015 NSSC 196 (CanLII):

There is limited understanding about how to classify entitlement. Moge v. Moge 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 suggested a feminist analysis was to prevail with an assumption that in all cases when a person (usually the wife) stayed home to raise a child or children, that person had a compensatory claim. Evidence could be provided to prove otherwise but generally the evidence provided focused on factors from which the strength or weakness of the compensatory claim could be established. This was important because the nature and extent of the compensatory claim was to be a primary factor in deciding the quantum and duration of the claim. For example weaker compensatory claims may result in a lower spousal support payment or a shorter duration or both. The decision in Moge did raise questions about whether a wife in a lengthy childless marriage would have a compensable claim because she looked after the household and her husband. Many courts recognized that a wife in this situation would also be economically disadvantaged, or the husband advantaged, upon the breakdown of the marriage and as a result entitlement would be compensatory.

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