In Canada the law is based on the
premise of a “no fault” divorce. This means that, for example,
if your spouse leaves you and ends the marriage, he/she is not deemed
to be at fault for the marriage ending (even if adultery is involved).
In short, you will not get compensated simply for your spouse leaving
you.
Any “compensation”
would come by way of spousal support. Spousal support is payable on
three grounds:
(1) compensatory: which
addresses the economic advantages and disadvantages flowing from the
marriage and the roles adopted during marriage (this ground is not
about need);
(2) non-compensatory: considers
the needs of the receiver and the ability of the payer to pay spousal
support; and
(3) contractual: spousal support
is payable under this model if there is an express or implied agreement
regarding financial obligations to your spouse.
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The general opinions expressed herein are for information
purposes only and are not to be relied on. Individuals are encouraged
to seek legal advice as it relates to their specific fact scenario to
ensure they are fully aware of their legal rights and obligations.
