What is the difference between compensatory and non-compensatory grounds for spousal support under the Divorce Act?

British Columbia, Canada


The following excerpt is from Trytten-Bradley v. Buckley, 2014 BCSC 2257 (CanLII):

Although the compensatory and non-compensatory grounds for spousal support are animated by different models of marriage, the case authorities hold that there is no single basis of support or objective under the Divorce Act that supersedes the other, and that many claims involve aspects of both compensatory and non-compensatory principles (Bracklow, at para. 27; Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813 at p. 852). A court is not called upon to decide on one basis for support to the exclusion of the other but rather to “[apply] the relevant factors and strike the balance that best achieves justice in the particular case” (Bracklow, at para. 32). Moreover, the doctrine of equitable sharing is the overarching principle that must be borne I mind (Moge, at p. 864).

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