What is the test for dividing the assets of a husband and wife who have been married for 30 years?
British Columbia, Canada
The following excerpt is from N.K.D. v H.S.D, 2018 BCSC 1394 (CanLII):
N.K. relies on Parton v. Parton, 2016 BCSC 1528, rev’d on other grounds, 2018 BCCA 273, which I find distinguishable. In that case the parties were married for 30 years, raised children, and for 20 of those years, the wife directly assisted the husband in his business. Mr. Justice Butler found that it would be significantly unfair to notionally divide the family assets, as that would result in the parties “facing retirement with starkly different financial positions”. He stated at para. 18:
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