Moge v Moge

Moge is the leading SCC case on spousal support under the Divorce Act. The Court adopted a compensatory model: spousal support compensates for the economic advantages and disadvantages of the marriage and its dissolution, with particular attention to the disproportionate burden traditionally borne by women.

The Moges divorced in 1980 after a 19-year traditional marriage. Mrs. Moge had limited employment skills after years of homemaking. She received support that was incrementally reduced and eventually terminated.

How is spousal support assessed under the Divorce Act?

Reinstated indefinite support.

The Divorce Act objectives — recognising economic advantages and disadvantages of marriage and its breakdown, apportioning child-care impact, relieving economic hardship, and promoting self-sufficiency where practicable — must be applied in tandem. Self-sufficiency is one objective among four, not a target to be achieved at any cost. Compensation for systemic disadvantage is central.

L'Heureux-Dubé J's judgment is widely cited for its analysis of women's economic disadvantage following long traditional marriages. The pre-Moge "clean break" approach was rejected as failing to recognise the lasting effects of role-specialisation in marriage.

Foundational spousal-support case. The Spousal Support Advisory Guidelines (2008) implement the compensatory framework. Bracklow (1999) added needs-based and contractual rationales to the compensatory model.

Moge v Moge, [1992] 3 SCR 813, 1992 CanLII 25 (SCC).

La Forest J, L'Heureux-Dubé J, Sopinka J, Gonthier J, Cory J, McLachlin J, Iacobucci J