Is a spouse entitled to share in post-separation income increases if the recipient spouse has contributed significantly to the recipient's income during the course of the marriage?

Ontario, Canada


The following excerpt is from Garnet v Garnet, 2016 ONSC 5922 (CanLII):

These criteria were significantly expanded by Justice Chappel in Thompson v. Thompson[13] in which she repeated and expanded upon the general principle that a spouse is not automatically entitled to share in post-separation income increases. Relevant to these circumstances, she included in her analysis a consideration of whether the increase can be linked to contributions made by the recipient spouse; whether the parties’ personal and financial affairs became completely integrated during the course of the marriage, and the extent of the recipient’s sacrifices and contributions to the family.

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