What is the test for imputing income to one spouse when determining spousal support?
Nova Scotia, Canada
The following excerpt is from Mullins v. Mullins, 2012 NSSC 143 (CanLII):
Both counsel have requested the court impute income to the other party when determining the amount of spousal support. A spouse’s means includes not only their income and capital, but also their capacity to earn an income. In Saunders v. Saunders, 2011 NSCA 81, the court held that failing to impute income to a spouse in keeping with his/her capacities and abilities was an err in law.
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