What is the test for equitable sharing of the economic consequences of marriage or marriage breakdown?

Ontario, Canada


The following excerpt is from Makeeva v. Makeev, 2019 ONSC 4334 (CanLII):

Subsection 15.2(6)(a)-(d) speaks in particular to four objectives that inform the “equitable sharing of the economic consequences of marriage or marriage breakdown”: see Moge v. Moge, 1992 CanLII 25 (SCC), [1992] 3 S.C.R. 813, at p. 864. They concern the recognition of the economic advantages and disadvantages to the spouses that result from the marriage breakdown as well as the apportionment of financial consequences, relief from economic hardship, and in so far as is practicable, the promotion of economic self-sufficiency for both spouses: at p. 860. A marriage is to be regarded as a joint endeavour. The longer the relationship, the greater the presumptive claim to equal standards of living upon its dissolution: at p. 870.

Other Questions


What is the test for recovery for economic hardship arising from the breakdown of a marriage? (Ontario, Canada)
Does having to take on the responsibility of paying the debts of a spouse who has sought protection from bankruptcy constitute economic hardship arising from the breakdown of the marriage? (Ontario, Canada)
What is the test for valid marriage under s. 31 of the Marriage Act? (Ontario, Canada)
Is a marriage breakdown required for a constructive trust claim? (Ontario, Canada)
What is the impact of a long-term marriage on the provisions of the Marriage and Divorce Act? (Ontario, Canada)
Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
What is the impact of traditional trust principles against the principles of equity underpinning fair sharing of wealth during a marriage? (Ontario, Canada)
Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage? (Ontario, Canada)
Does a motion to dismiss a statement of claim against a defendant in a marriage that was not a good faith marriage constitute a cause of action? (Ontario, Canada)
What is the difference between a religious marriage in Toronto and a marriage in the United Arab Emirates? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.