Moge v. Moge
Encyclopedia
Moge v. Moge, [1992] 3 S.C.R. 813 is a leading Supreme Court of Canada
decision where the Court greatly restricted a court's ability to terminate alimony
payments. The decision is a landmark for women's rights as it is said to protect women with little job experience from becoming destitute when they get a divorce.
The issue before the Supreme Court was whether the court could grant a cancellation of support on the grounds that she had not able to reach a level of self-sufficiency.
, writing for the majority held that the grounds for cancellation was insufficient. Though the Divorce Act has "self-sufficiency" as one of its objectives it does not subject the spouse to a "sink or swim" philosophy. L'Heureux-Dubé, instead proposed that cases be considered on the merits of the recipients economic status that are a result of the marriage breakdown.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where the Court greatly restricted a court's ability to terminate alimony
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
payments. The decision is a landmark for women's rights as it is said to protect women with little job experience from becoming destitute when they get a divorce.
Background
A Polish couple, Andrzej and Zofia Moge, were separated in 1973 and eventually divorced. Zofia had been a house-wife for the duration of the marriage and experienced many difficulties in finding work once separated. She worked at hotel as a maid but eventually lost her job. Andrzej paid child and spousal support at the time, but once Zofia lost her job, she applied to have an increase in spousal support. When Zofia found another job, Andrzej submitted an application to have the support cut-off.The issue before the Supreme Court was whether the court could grant a cancellation of support on the grounds that she had not able to reach a level of self-sufficiency.
Ruling
Justice L'Heureux-DubéClaire L'Heureux-Dubé
Claire L'Heureux-Dubé, served as a justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec and the second woman appointed to this position.- Personal history :...
, writing for the majority held that the grounds for cancellation was insufficient. Though the Divorce Act has "self-sufficiency" as one of its objectives it does not subject the spouse to a "sink or swim" philosophy. L'Heureux-Dubé, instead proposed that cases be considered on the merits of the recipients economic status that are a result of the marriage breakdown.