What is the current state of the law on spousal support in Canada?

Alberta, Canada


The following excerpt is from Brody v. Brody, 1990 CanLII 5876 (AB QB):

The proclamation of the Divorce Act, 1985, on 1 June 1986, was the final step in the development of a new social philosophy concerning spousal maintenance in Canada. In earlier times it could be said generally that when parties entered into a contract of marriage, more often than not, there was imposed upon the financially responsible spouse the obligation to support the dependant spouse indefinitely, even after a proclamation of divorce, so that the former spouse would not become a charge upon the public. This view was modified, even before the Divorce Act, 1985, by cases which presaged the terms of the new Act; one of the most significant of which was Messier v. Delage, 1983 CanLII 31 (SCC), [1983] 2 S.C.R. 401; 50 N.R. 16; 1983 CanLII 2035 (SK CA), 33 R.F.L.(2d) 337; 2 D.L.R.(4th) 1, where Chouinard, J., for the majority said at p. 353: “That does not mean that the obligation of support between ex-spouses should continue indefinitely when the marriage bond is dissolved, or that one spouse can continue to be a drag on the other indefinitely or acquire a lifetime pension as a result of the marriage, or to luxuriate in idleness at the expense of the other, to use the expressions one finds in some discussions of the subject.”

Other Questions


What is the current state of the law in Canada on the issue of same sex marriage? (Alberta, Canada)
What is the current state of the law in England and Canada on personal injury damages? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
What is the current state of the law in Canada on the issue of anti-abortion sit-ins? (Alberta, Canada)
What is the current state of the law in Canada when it comes to determining the best interests of the child in the context of child protection matters? (Alberta, Canada)
What is the current state of the law in Canada on the issue of same sex employment? (Alberta, Canada)
How has the court considered the relationship between child support and spousal support? (Alberta, Canada)
What is the current state of the law in Canada with respect to oppression remedies? (Alberta, Canada)
What is the current state of the law in Canada on medical malpractice? (Alberta, Canada)
Is child support for the purposes of spousal support appropriate? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.