Difference between revisions of "The Spousal Support Advisory Guidelines"

<blockquote>"The provisions of the ''Divorce Act'' as interpreted by the Supreme Court of Canada are the law in this country with respect to spousal support. The Spousal Support Advisory Guidelines are the work of two university professors, Carol Rogerson and Rollie Thompson, assisted by a small committee. Those with strong views to the contrary were not involved, nor was there widespread discussion of the guidelines prior to their publication. They have not been enacted by the Parliament of Canada or any Provincial Legislature nor are they the subject of any governmental regulation.</blockquote>

<blockquote>"As well, the <span class="noglossary">Guidelines</span> are stated to be experimental. It is not the function of courts to experiment on the citizens of this country.</blockquote>

<blockquote>"The authors of the Guidelines state that the Guidelines do not change the law. However, in my view, they attempt to do so. For example, they <span class="noglossary">advocate</span> income sharing which has rarely been accepted in this country except for exceptionally long term marriages. It will not be long before someone will argue that disparity in income equals entitlement. As indicated by Chouinard, J. in ''Messier v. Delage'', a person does not acquire a lifetime pension as a result of marriage. Likewise, marriage is not an insurance policy.