What principle was established in Moge v. Moge regarding marriage?

The case of Moge v. Moge is significant in the context of family law as it established the principle of equitable distribution of economic consequences within a marriage. This principle acknowledges that both parties contribute to the marriage in various ways, including, but not limited to, financial contributions, homemaking, and child-rearing responsibilities.

In Moge v. Moge, the Supreme Court of Canada emphasized the importance of fairly distributing the economic effects of a marriage when it ends, regardless of the form those contributions take. The decision acknowledged that the sacrifices made by spouses, particularly in traditional family roles, must be taken into account, promoting a fairer resolution for both parties after separation or divorce.

This ruling has shaped the way courts view the financial relationships between spouses, moving away from strict categories of financial independence or separation of finances during marriage. Instead, it encourages a recognition of the combined contributions that both partners make, fostering a more equitable outcome in the distribution of assets and financial responsibilities post-marriage.