What is the test for assessing a spouse's need and self-sufficiency?

British Columbia, Canada


The following excerpt is from Lee v. Lee, 2011 BCSC 286 (CanLII):

The assessment of need should take into account the relative standards of living of the spouses following the marriage breakdown. Need and self-sufficiency must be viewed in the context of the marital standard of living: Tedham v. Tedham, at paras. 55, 60; Yemchuk v. Yemchuk, 2005 BCCA 406 at paras. 41, 48-49.

Other Questions


Can a spouse's efforts to become self-sufficient be imputed in a claim for income imputed if the recipient spouse has failed to make efforts to be selfsufficient? (British Columbia, Canada)
In assessing the reasonableness of a registrar's assessment, how has the registrar conducted her assessment? (British Columbia, Canada)
Can a strata corporation commence an action to recover an unpaid assessment if the owner of the unit is assessed first and only if the assessment is unpaid? (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)
Is there any case law in which a spouse has been granted a reapportionment in favour of their spouse to allow them to retrain to work? (British Columbia, Canada)
What is the test for delay in making an application for interim support for a spouse who has been receiving support from the other spouse for the past 10 years? (British Columbia, Canada)
How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets? (British Columbia, Canada)
In what circumstances will one spouse receive 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment? (British Columbia, Canada)
Is a spouse's allocation of pre-tax corporate income between family purposes assessed for fairness by an impartial tribunal? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.