Can a husband increase his wife's support on the basis of substantial increase in income?
Ontario, Canada
The following excerpt is from Giguere v. Giguere, 2003 CanLII 64335 (ON SC):
In the recent decision of Rozen v. Rozen, [2003] B.C.J. No. 1486 (B.C. S.C.), the judge refused to increase a wife's support on the basis of the husband's substantial increase in income following separation. That case is not binding upon me and it can be distinguished. At para. [17] of the decision, Chamberlist J. found that the substantial increase in income occurred "by reason of a re-organization of [the husband's] accounting firm and additional work being required of him". The additional income was not, in the judge's view, related to the breakdown of the marriage or the sacrifice made by the wife during marriage.
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