Is the wife entitled to spousal maintenance for the children of a broken-up marriage?
Ontario, Canada
The following excerpt is from Gerlach v. Gerlach, 2003 CanLII 2125 (ON SC):
I find that the wife has established that she has suffered an economic disadvantage resulting from the breakdown of the marriage and/or assumption of the role of primary caregiver for the children during marriage and is entitled to an award of spousal maintenance. The basic philosophy of the law of support is to redress the economic consequences arising from the roles adopted during marriage or the breakdown of the marriage. (See: Moge v. Moge, supra )
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