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Sarah MillerLawyer

    Generally speaking, spouses are not entitled to compensation because they financial supported their spouse during the marriage or relationship.

    If you contributed towards property that you are not entitled to because it is deemed to be your spouse’s “excluded property” (Find out more about excluded property here), you may have a claim for compensation based on the principles of unjust enrichment, quantum meruit, or constructive trust. To simplify this, if you: (1) suffered a loss because you contributed towards the acquisition, preservation, maintenance, or improvement of property; (2) your spouse received a benefit as a result; and (3) there is no reason or explanation that would make this “fair”, you may be entitled to compensation.

    On the other hand, if you generously support your spouse during the relationship, this could result in you having an obligation to continue supporting your spouse after separation.  For example, if you make enough money that your partner no longer needed to work, your spouse may become financially reliant on you and accustomed to a luxurious lifestyle. If you and your spouse separate, he or she may be entitled to non-compensatory spousal support. This essentially means that you have the financial means to support your spouse has a “need” for support. “Need” is a subjective concept. A spouse may have more than enough means for food and shelter, but spousal support may still be awarded so that the spouse can maintain a lifestyle that he or she has become accustomed to. There are many factors that will be considered when determining whether someone is entitled to spousal support, and if so – how much and for how long. Entitlement to spousal support is determined on a case-by-case basis and isn’t guaranteed just because one spouse earns considerably more than the other.