Ideas of Spousal Support Entitlement

Document Type

Article

Publication Date

2014

Keywords

Spousal Support, Supreme Court of Canada, Canadian Theory of Spousal Support

Abstract

My task in this article is to reconsider our law of entitlement to spousal support. The time is ripe. We are now twenty-three years after Moge, 2 sixteen years after Bracklow, 3 and ten years after the Spousal Support Advisory Guidelines Draft Proposal. 4 The Supreme Court decisions remain the twin pillars of Canadian support law, especially the law of entitlement. Neither case gave much direction on the amount or duration of support. The Spousal Support Advisory Guidelines now dominate the resolution of amount and duration, and inevitably affect our understanding of entitlement too.

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