The Causal Connection Test in Spousal Support Law

Canadian Journal of Family Law, Vol. 8, pp. 95-132, 1989

38 Pages Posted: 2 Jul 2010

See all articles by Carol Rogerson

Carol Rogerson

University of Toronto - Faculty of Law

Date Written: 1989

Abstract

The philosophy behind causal connection is that spousal support should redress those economic needs flowing from or caused by the marriage and the economic inter-relationship which developed between the spouses during the marriage. Conversely, spousal support should not be expected to redress economic needs which do not flow from the marital relationship. This concept, developed in the late 1960s, was best articulated in the Law Reform Commission of Canada's 1975 working paper on "Maintenance after Divorce". The general idea of a causal connection in spousal support has not found its way into legislation, but it has been upheld in a trilogy of recent Supreme Court of Canada cases. This paper reviews the legislation and case law to date, and explores the range, extent and reasons for compensation and support. The author argues that, properly used, the causal connection test is an interpretative device for determining the amount and duration of support. This falls somewhere between the traditional "pension-for-life" model and the more recent hard-nosed literal causal connection analysis.

Keywords: causal connection, spousal support, marriage, compensation, economic needs

Suggested Citation

Rogerson, Carol, The Causal Connection Test in Spousal Support Law (1989). Canadian Journal of Family Law, Vol. 8, pp. 95-132, 1989, Available at SSRN: https://ssrn.com/abstract=1632973

Carol Rogerson (Contact Author)

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
81
Abstract Views
615
rank
333,043
PlumX Metrics