Does a disparity in income between the two main parties preclude the presumption of equality?
British Columbia, Canada
The following excerpt is from Lam v. Chiu, 2008 BCSC 1177 (CanLII):
Nor will a disparity in the income of the parties necessarily displace the presumption of equality: Pasnak v. Pasnak, 2000 BCSC 1374 at paras. 33 and 36.
When considering all of the circumstances concerning the economic independence and self-sufficiency of the spouses following a separation, and whether or not an equal division is unfair in all of those circumstances, assets held by one of the spouses that are not family assets may nonetheless, be taken into account, where appropriate: Whittall v. Whittall (1987), 19 B.C.L.R. (2d) 2002 at 218 (S.C.).
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