In what circumstances will we not adopt a subsistence allowance in all cases?

Alberta, Canada


The following excerpt is from C.L. v. E.L., 1994 ABCA 201 (CanLII):

For this reason, we shall not adopt the proposal for a subsistence allowance in all cases. In Murray v. Murray [supra] at 70 Madam Justice Trussler said, at 332: There has been some criticism of the Paras formula on the basis that a strict application of it might push the spouse with the lower income below a subsistence level. However, any criticism can be overcome by deducting a subsistence amount from both spouses' income before deciding the respective share of each spouse.

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