What is the legal basis for spousal maintenance?
British Columbia, Canada
The following excerpt is from M.M.N. v. D.K., 2003 BCSC 997 (CanLII):
There are three conceptual bases of spousal maintenance: compensatory, contractual, and non-compensatory or needs based (Bracklow v. Bracklow (1999), 1999 CanLII 715 (SCC), 44 R.F.L. 4th 1 (S.C.C.)).
The compensatory approach is premised on the notion that the economic opportunity cost resulting from a joint decision for one spouse to remain at home should be borne equally upon the breakdown of the relationship (Moge v. Moge (1992), 1992 CanLII 25 (SCC), 43 R.F.L. 3rd 345 (S.C.C.)) This has no application on the facts of the case at hand.
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