canada
Non-compensatory support
See Bracklow v. Bracklow, [1999] 1 S.C.R. 420, para. 15:
the law recognizes three conceptual grounds for entitlement to spousal support: (1) compensatory; (2) contractual; and (3) non-compensatory
At least two of the objectives of spousal support under the Divorce Act can be viewed as non-compensatory. These are the objectives to:
(c) relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
(d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.
The Court has described those objectives as relating to non-compensatory grounds (Bracklow, at paras. 41, 42).
The Court recognized that:
[a] spouse’s lack of self-sufficiency may be related to foregoing career and educational opportunities because of the marriage. But it may also arise from completely different sources, like the disappearance of the kind of work the spouse was trained to do (a career shift having nothing to do with the marriage or its breakdown) or, as in this case, ill-health.
So, there is no requirement that a spouse's need be traced to the spouse from whom support is sought, or to the marriage.
"Fault" does appear to be relevant
But when an award of spousal support is justified on non-compensatory grounds, courts also frequently assess whether the need is due to the "fault" of the spouse in need. E.g.:
