In what circumstances will the court focus on the payor's income and assets that have not been included in the equalization or division of matrimonial assets?
British Columbia, Canada
The following excerpt is from Murphy v. Murphy, 2015 BCSC 408 (CanLII):
To avoid double recovery, the court should, where practicable, focus on that portion of the payor’s income and assets that have not been part of the equalization or division of matrimonial assets when the payee spouse’s continuing need for support is shown. Boston is a reference to Boston v. Boston, 2001 SCC 43.
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