What is compensatory spousal support and how is it different from needs-based support?

Ontario law recognizes two main bases for entitlement to spousal support: compensatory and non-compensatory (needs-based).

Compensatory support addresses economic disadvantage flowing directly from the marriage or its roles. If you reduced your work hours, left a job, or interrupted your education to care for children or support your spouse's career, the marriage caused you a measurable economic loss. Compensatory support is meant to redress that loss — it is about fairness, not just need.

Non-compensatory support is awarded when one spouse has a financial need and the other has the ability to pay, even if the marriage itself did not cause the need. This might apply where the lower-earning spouse simply cannot support themselves to a reasonable standard after separation.

In practice, claims often combine both grounds. Courts look at which basis most fits the facts and may award support primarily for compensatory reasons even if the recipient is not in acute financial need, or primarily for need even if they did not give up significant career opportunities. Understanding which basis drives your claim matters because it can affect how courts frame the duration and terms of the award.