K. Implications of Child Care during Marriage and after Divorce

Author:Julien D. Payne - Marilyn A. Payne

Page 279

Sections 15.2(6)(b) and 17(7)(b) of the Divorce Act seek to equitably apportion the financial consequences of child rearing between divorcing or divorced spouses by means of spousal support insofar as those consequences are not dealt with by child support orders. As L’Heureux-Dubé J observed in Moge v Moge,316a woman’s ability to support herself after divorce is often significantly affected by her role as primary caregiver to the children both during the marriage and after the divorce. Her sacrifices include loss of training, workplace security and seniority, absence of pension and insurance plans, and decreased salary levels. These losses may arise from the woman’s role as primary caregiver, regardless of whether she was employed outside the home.

[316] [1992] 3 SCR 813 at 867-69, citing Brockie v Brockie (1987), 5 RFL (3d) 440 (Man QB), Bowman J, aff’d (1987), 8 RFL (3d) 302 (Man CA). See also Gale v Gale, [2002] MJ No 177 (CA); Anderson v...

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