What is the test for reapportioning of matrimonial assets between spouses?
British Columbia, Canada
The following excerpt is from Kamani v. Sharif, 2010 BCSC 987 (CanLII):
In Zaurrini v. Zaurrini (1981), 22 R.F.L. (2d) 161, 1981 CanLII 484 (B.C.C.A.), the court, while discussing the issues relating to reapportionment of the matrimonial assets, observed at p. 166 that: . . . it is apparent that where the marriage is of short duration and the major portion of the family assets was brought into the marriage by the husband, there must be a substantial reduction of the wife’s share. The basis for the reduction is by giving proper consideration to the evidence relating to the “duration of the marriage” and the evidence relating to the “acquisition” of the family assets.
In Wallace v. Wallace, [1999] B.C.J. No. 2019, Low J., as he then was, said the following at para. 11: . . . Where the marriage (including any period of pre-marriage cohabitation) was five years or less and one spouse contributed little or nothing to the acquisition of the family asset being considered, in the absence of special circumstances, that spouse will receive 10% to 20% of the asset.
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