What is the test for non-compensationary support for a spouse who is unable to work after the breakdown of their marriage?
British Columbia, Canada
The following excerpt is from Kotyk v Kotyk, 2020 BCSC 1975 (CanLII):
Non-compensatory support is needs-based. It is based on the economic disadvantages generated by the dissolution of the marriage, not contributions made during the marriage: DA s. 15.2(6)(c). It is not based on one spouse forfeiting a career opportunity or playing a supportive role in the marriage: Lee v. Lee, 2014 BCCA 383 at paras. 51–61. Non-compensatory support is based on the social obligations that arise when a partner is unable to support themselves following the breakdown of a marriage: Bracklow.
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