Is the trial judge correct to consider the issue of family assets before making a maintenance determination?
British Columbia, Canada
The following excerpt is from Wilson v. Wilson, 1997 CanLII 2777 (BC CA):
The trial judge considered maintenance before he considered the question of family assets and the possibility of reapportionment of family assets. The correct sequence is to consider the family assets question first and then to make the maintenance determination once the family asset allocation is known. See Toth v. Toth.
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