What is the case law on the issue of division of property and spousal support?

British Columbia, Canada


The following excerpt is from J.E.H. v. P.L.H., 2013 BCSC 752 (CanLII):

The rationale for the court first addressing property issues before support is set out by Prowse J.A. in Tedham v. Tedham, 2005 BCCA 502 at para. 67: . . . in approaching issues of division of property and spousal support, the court should first address the division of property, including any issue of reapportionment, and then address the issue of spousal support. One practical reason for this approach is that the division of property, particularly where there is reapportionment, will affect the relative condition, means and needs of the parties, not the least because it may generate further income in the hands of the payee.

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