“Compensatory support is based on the roles of the spouses during the relationship; specifically where the recipient has lost career advantages in order to support the other spouses’ career or the children.
The legal considerations for the entitlement to compensatory support was reviewed by Chappel J. in Thompson v. Thompson, 2013 ONSC 5500 (CanLII), at paras. 55-59.
The compensatory basis for spousal support entitlement recognizes that upon marriage breakdown, there should be an equitable distribution between the parties of the economic consequences of the marriage. A compensatory award recognizes that such sacrifices, contributions and benefits conferred often lead to an interdependency between the spouses and merger of their economic lives.
In considering whether a compensatory claim exists, the court must undertake a broad and expansive analysis of advantages and disadvantages which each party experience throughout the relationship as a result of the marital union.
Compensatory support ought not to be varied (unless there is an inability to pay) since it will have been awarded to recognize the length of the marriage and the roles adopted throughout the marriage. These factors are retrospective.”