How have courts varied spousal support where the claimant has not applied for employment or retrained since 2010?

British Columbia, Canada


The following excerpt is from Morneau v. Morneau, 2014 BCSC 2269 (CanLII):

Similarly, in Johnson v. Johnson, [1999] B.C.J. No. 2279 (S.C.), Warren J. varied the respondent’s spousal support so that support would terminate after a transition period (at para. 42). In that case, the respondent had made no applications for employment and engaged in no significant retraining during eight years of separation, even after she was no longer the principal caretaker for the parties’ children (at para. 31). This is distinguishable from the current dispute in which neither party had any child caring obligation. Here I am satisfied that the claimant made no attempt whatsoever to seek employment. There is no medical evidence after 2010 which would indicate what her current medical condition is and the fact that she took a three-and-a-half-month holiday in 2012 and when she admitted helping out in a bed and breakfast leads me to conclude that her medical condition after her return from her holiday has significantly improved.

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