In what circumstances will a wife's claim for reapportionment from her husband for his personal injury award be considered in the context of the wife’s application for a reduction in his income before he dies?
British Columbia, Canada
The following excerpt is from Godinez v. Gallant, 2009 BCSC 540 (CanLII):
In relation to the wife’s personal injury award, it was received during the course of a long marriage, it was relatively small, and it was used for family purposes. In these circumstances it is not a contribution which can reasonably support the wife’s case for reapportionment. In Rotzetter v. Rotzetter, 2003 BCCA 633, Prowse J.A. made the following apposite remarks:
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