At the time of publication, Alberta’s law relating to spousal support after a divorce was unique in Canada, in that it incorporated the “fault doctrine.” This doctrine holds that in order to obtain support, a spouse must prove that he or she is the “innocent party” in the divorce (i.e., not responsible for the marriage breakdown), and that the other spouse is culpable (i.e., responsible for the marriage breakdown). This report suggests the elimination of spousal misconduct as a factor for consideration when determining support, and the incorporation of several other factors more in harmony with the relevant Federal legislation. After determining premises that should be the basis of any thought on spousal support, the report proposes a new scheme for making decisions related to spousal support (both in terms of the philosophy of those decisions and the mechanism for making them). This scheme is based on achieving the intended consequences of spousal support law, and notably includes provisions for male / female couples in marriage-like relationships who were never legally married. The affect of domestic contracts is also discussed, and a template for an action for spousal support, independent of any other action, is given.
Report For Discussion
Back to Publication SearchFamily Law v. 18.2–Spousal Support, Report for Discussion 18.2
Resource Details
Publication No: | 18.2 |
FORMAT: | Publications |
TAGS: | obligation, husband, wife, relationship, child, maintenance, marriage, minor, support |
FILE: | rfd18.2.pdf |