What are the principles governing entitlement to compensatory support?

British Columbia, Canada


The following excerpt is from Parton v. Parton, 2016 BCSC 1528 (CanLII):

Recently, in Zacharias v. Zacharias, 2015 BCCA 376, at para. 26, Groberman J.A. nicely summarized the principles governing entitlement to compensatory support:

Compensatory entitlement will arise where, as a result of the parties’ roles during the marriage, one spouse has suffered economic disadvantage or has conferred economic advantages on the other. Most often, such entitlement will arise where one spouse has sacrificed career opportunities in order to take on more of the family’s household or child-rearing responsibilities. Upon the dissolution of the marriage, the spouse who has given up opportunities may be entitled to spousal support, either to compensate for diminished earning capacity, or to share in the augmented earning capacity of the other spouse. The main goal of compensatory spousal support is to provide for an equitable sharing of the economic consequences of the marriage (see Moge v. Moge,… at 858–66).

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