What is the test for determining spousal support in a two-income marriage?

British Columbia, Canada


The following excerpt is from Ursel v. Ursel, 2014 BCSC 1219 (CanLII):

It appears that courts have taken this to heart in assessing entitlement to spousal support in two-income marriages. For example, in N.A.J. v. P.L.J., 2014 BCSC 948, the parties were in a relationship for 21 years and had a child together. The claimant worked throughout as a school teacher (other than a maternity leave) and at the time of relationship breakdown had achieved the top of the pay grid for teachers with her qualifications. The respondent, who was an entrepreneur who owned a number of companies, denied that the claimant was entitled to spousal support. The court disagreed, saying that while it was true that the claimant had reached the top of the pay grid, that “does not end the inquiry. Simply because there is no evidence that the claimant has ever missed promotions or lost an opportunity for further training as a result of the role assumed by her as principal caregiver for the parties’ children, does not mean that her prospects for future financial success were not diminished by that” (para. 285). The court emphasized that her career was subservient to the respondent’s requirements and goals as a businessman and that as a result a disadvantage flowed to her even as a corresponding advantage flowed to him. See also Gonabady-Namadon v. Mohammadzadeh, 2009 BCCA 448, for an award of spousal support in similar circumstances.

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