Family Law and Social Welfare: Toward a New Equality

Abstract

The rising divorce rate in Canada has had a differential economic impact upon men and women, and the author speculates ready divorce has been a major contributing factor in the "'feminization of poverty". Principles in family law which have emerged for determining eligibility for support upon divorce or separation are not consistent with the principles of social assistance legislation. Future reforms must address the different economic positions of former husbands and wives following marital breakdown if the principles of equality and independence espoused as ideal are to apply to everyone.