Is a spouse entitled to a spouse’s performance bonus from the time she entered into a relationship?
British Columbia, Canada
The following excerpt is from Dunn v Cashin, 2021 BCSC 1000 (CanLII):
This principle is clearly illustrated in s. 85(1)(a), which excludes “property acquired by a spouse before the relationship”. In applying this exclusion, the court has looked to when the income was earned, as opposed to paid: H.C.F. v D.T.F., 2017 BCSC 1226 at paras. 85 and 90 (incentive hiring bonus earned on accepting position and thus prior to the relationship); Davie v. De Mark, 2017 BCSC 872 at paras. 129 and 130 (performance bonus earned over the prior employment year and thus prior to the relationship).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a terminated employee entitled to a bonus entitlement based on their performance prior to their dismissal? (British Columbia, Canada)
What is the impact of a spouse’s pre-marriage pension entitlement on the relationship of the spouses? (British Columbia, Canada)
Is a spouse entitled to a spouse's pension as a capital asset as a result of the other spouse’s absence of other assets in favour of the pension? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
Does a spouse's relationship with the other spouse affect the presumption of resulting trust in the transferor and the transferee? (British Columbia, Canada)
Is a spouse entitled to spousal support on the basis that the spouse has the same career status as she did at the start of the marriage? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to a reduction in the amount of support they receive from the other spouse? (British Columbia, Canada)
Is a spouse entitled to a spouse's medical leave of absence from work? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
What is the test for determining whether a spouse is entitled to a spouse's income? (British Columbia, Canada)
