When will the court apportion the assets of a married woman who is suffering from multiple sclerosis?
British Columbia, Canada
The following excerpt is from S.C. v. K.M., 2011 BCSC 1358 (CanLII):
The apportionment of the family assets will assist S.C.’s financial circumstances, but it is not sufficient for her to attain self-sufficiency. At age 49, she has no current realistic prospects of employment. She is raising her 17-year-old daughter and will have to find alternate housing for herself and her daughter. She will likely have to encroach on her capital assets to support herself. Even though her medical condition is not causally related to the marriage, it is a proper consideration in assessing her financial need: Paisley v. Paisley, 2009 BCSC 879 at para. 93.
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