Is the wife's absence from the work place and raising the children during the marriage a factor in her loss of income capacity?

British Columbia, Canada


The following excerpt is from Nelson v. Nelson, 2001 BCCA 682 (CanLII):

The husband contends that there was no evidence to support the trial judge's conclusion that the wife suffered a loss of earnings capacity as a result of the marriage. The summary trial judge concluded that the wife's absence from the work place and maintaining the home and raising the children during the marriage was the cause of a loss of capacity to earn an income similar to that of the husband. He referred to Moge v. Moge 1992 CanLII 25 (SCC), [1992] 43 R.F.L. (3d) 345 for the applicable principles. In my view, that was a conclusion open to the trial judge on the evidence before him.

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