How has the respondent been awarded damages for her role as a primary care giver during the breakdown of her marriage?

New Brunswick, Canada


The following excerpt is from G.P.W. v. L. W., 2017 NBQB 66 (CanLII):

The couple were together for approximately 12 years. The respondent had a career prior to marriage and for a couple of years after marriage. She became pregnant at 37 years of age, a significant commitment to the relationship to say the least. She was required to go on sick leave/maternity leave. She moved from her home community of Saint John to Moncton to accommodate the applicant’s employment. She chose to stay at home and not to return to work after their daughter was born, which benefited the respondent in a myriad of ways. Her depression illness either prevented or strongly influenced her decision not to work after their daughter started school. Again, she stayed at home, literally and figuratively. And, she has been the primary care giver for their daughter since separation. And, with the breakdown of the marriage she finds herself starting over in the workforce, hardly to be considered a simple task of ‘picking up where you left off’ at her age. In sum, the respondent on the breakdown of the marriage suffered an economic loss or disadvantage because of the roles she performed during the marriage. (See: Black v. Black, supra at para. 30). She was entitled to compensatory support.

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