What is the test for the purpose of compensatory spousal support?

British Columbia, Canada


The following excerpt is from Hartshorne v. Hartshorne, 2010 BCCA 327 (CanLII):

The appellant acknowledges that the respondent has a significant claim for compensatory spousal support. The object of compensatory support is “to redress the economic disadvantage that arises from the marriage or the conferral of an economic advantage upon the other spouse” as well as “the economic advantages enjoyed by the other partner as a result of the recipient spouse’s efforts”: Chutter v. Chutter, 2008 BCCA 507 at paras. 50-51. The appellant’s claim that the respondent made no contribution to the advancement of his career because he was an established lawyer when their relationship began, ignores the contribution the respondent made by assuming the role of primary caregiver to the children, both during the marriage (between 1987 and 1998) and after separation (2000-2007), and how her assumption of that role gave him the opportunity to devote his time to the advancement of his professional development. It also ignores the sacrifice she made to her career by devoting her energies to the raising of the parties’ children, which in turn significantly impacted her ability to advance her professional development.

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