What is the test for a claim for equalization of spousal support where one spouse has accumulated assets but the other spouse has not accumulated assets?

British Columbia, Canada


The following excerpt is from Plester v. Plester, 1998 CanLII 6657 (BC SC):

As Stromberg-Stein J. observed in Varteresian v. Varteresian, [1998] B.C.J. No. 2018 (Q.L.) (S.C.): The respondent must demonstrate a need for maintenance and show the petitioner is able to pay maintenance. Since marriage is considered an economic partnership there is a presumptive claim that upon dissolution both parties are entitled to claim equal standards of living. Absent accumulated assets, one spouse may be required to pay the other spousal maintenance. This does not mean, however, that the spouses are entitled to an equalization of their respective incomes. The need of the party claiming maintenance must be determined at the time of trial and not projected to a future time. I would add that in addition to demonstrating a need for maintenance and showing the respondent here is able to pay it, the petitioner must show an entitlement to support.

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