How is the court likely to consider each spouse’s contribution to the accumulation of family property under s. 95(2)(c) of the BC S. 65(1)(f) in determining the value of the spouses’ assets?

British Columbia, Canada


The following excerpt is from Kuhberg v. Hall, 2015 BCSC 2230 (CanLII):

In Nearing v. Sauer, 2015 BCSC 58, Madam Justice Fleming described the approach for considering each spouses’ contribution in these terms at para. 141: Section 95(2) does not appear to allow for the wide ranging examination of each spouse’s contribution to the accumulation of family assets and their respective capacities that occurred pursuant to s. 65(1)(f). Instead the court may consider a spouse’s contribution to the career or career potential of the other spouse under s. 95(2)(c) or a spouse’s detrimental impact on to the value of family property or potential family property under s. 95(2)(g) which appears focused on the spouse’s direct actions vis-à-vis the value of family property. I interpret the words “spouse’s contribution” in s. 95(2)(c) as including the full spectrum of all levels of contribution from one spouse negatively impacting on the other spouse’s career to greatly enhancing the career or career potential of the other spouse.

Other Questions


What factors under section 65(1)(f) of the Rules of Apportionation under s. 65(2)(f), when a spouse's contribution to the value of an interest in P.S. Ltd. during the last three years of their marriage? (British Columbia, Canada)
Is a debt that was incurred for use within the family unit relevant when determining the division of assets under s. 65(1) of the Divorce Act? (British Columbia, Canada)
Is one spouse’s contribution to the purchase of a home sufficient to cause an equal division under s. 95 of the Family Benefits Act? (British Columbia, Canada)
Can a spouse's contribution to the career or career potential of the other spouse affect the value of their family property? (British Columbia, Canada)
What factors will a court consider in determining costs under s. 3(1) of the BC Statutory Rules of Civil Procedure and Procedure? (British Columbia, Canada)
What is the spousal contribution under s. 65 of the BC S. 65(1) of the Spousal Contribution Guidelines? (British Columbia, Canada)
When a payor's pension is equalized with respect to property equalization, does the court need to consider the equalization also consider the value of the payor’s pension? (Manitoba, Canada)
How has the court interpreted section 51(1) of the Divorce Divorce and Divorce Act, s. 51(2) and s. 65(1)? (British Columbia, Canada)
When a spouse's assets are not family assets, is one of the spouses entitled to an equal division of assets? (British Columbia, Canada)
In what circumstances will a husband's contributions by both spouses be recognized as a joint contribution to a spouse's matrimonial property? (Saskatchewan, Canada)