It’s one of the most controversial, difficult and most-litigated issues in family law
One of the most controversial, difficult and most-litigated issues in family law across Canada is the extent to which a payer of spousal support will be required to share any post-separation increases in income with the support recipient. That issue was squarely before the BC Court of Appeal in a decision released on March 19.
In November, 2016, the husband applied to the court to terminate his spousal support obligation. By that time, he had paid spousal support to his then-former spouse totalling approximately $220,000 over the course of nearly 14 years. Underpinning Justice Ball’s decision was his finding that there was no nexus between the husband’s increased income and the arrangements or skills and abilities he developed during the marriage. In fact, notwithstanding the wife’s role of caregiver for the parties’ children throughout the relationship, Justice Ball found that the wife “made no contribution” to the husband’s original training which occurred before the marriage and “made no contribution” to the business for which he worked.
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