What is the test for imputing income from the respondent on an interim application for spousal support?

British Columbia, Canada


The following excerpt is from McMahon v. Stevens, 2012 BCSC 185 (CanLII):

In this case, the claimant acknowledges the respondent is entitled to an order for spousal support. It is the quantum and the retroactivity of any order that is in dispute. The claimant argues that income should be imputed to the respondent because there is a lack of cogent evidence that she is not capable of earning an income. She worked during the marriage and should be able to earn a similar income after separation. The respondent was ready to return to work as early as May 2011; she declined to do so because of her physician’s recommendation. The claimant also argues that his bonus income should not be included when calculating spousal support because the respondent’s efforts and sacrifices did not contribute to the acquisition of the business experience or the academic qualifications that led to the bonuses after separation: Rozen v. Rozen, 2003 BCSC 973. Lastly, the claimant argues the uncertainty about the quantum of spousal support favours no retroactive award on an interim application.

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