November 1, 2019 – Compensatory Support

“In Moge and Bracklow v. Bracklow, 1999 CanLII 715 (SCC)[1999] 1 S.C.R. 420, the Supreme Court of Canada held that a compensatory order for spousal support may be awarded where a spouse’s education, career development, or earning potential have been impeded as a result of the marriage.

Compensatory support is premised on a marriage being a joint endeavour, and seeks to alleviate economic disadvantage by taking into account all the circumstances of the parties, including the advantages conferred on either spouse during the marriage. It is concerned with an equitable sharing of the benefits of the marriage: Poirier v.  Poirier2010 ONSC 920 (CanLII) at para. 47.”

Holmes v. Holmes, 2017 ONSC 6425 (CanLII) at 75-76