Is a retroactive payment of income from July 2003 a family asset?

British Columbia, Canada


The following excerpt is from L.B.M. v. S.N.M, 2003 BCSC 1680 (CanLII):

I am satisfied that any “leave benefits” available through the B.C.M.A. are not a family asset. Any amounts which may be available represent replacement of income and income per se is not a family asset: Matheson v. Matheson [1987] B.C.J. (Q.L.) No. 896 (B.C.S.C.). Accordingly, I find that neither the possibility of a retroactive payment of income to July, 2003 or a “leave benefit” payment is a family asset.

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