Is the petitioner entitled to benefit from the increased income of the respondent post-separation?

New Brunswick, Canada


The following excerpt is from J.A.R. v T.W.M., 2019 NBQB 73 (CanLII):

In my opinion, the petitioner is entitled to benefit, to some extent, from that increase in the circumstances of this case, for several reasons - because the respondent’s post-separation job ‘out West’ was related to the same trade he worked during cohabitation; he applied for that job during cohabitation and took the job shortly after separation; and the petitioner has a strong compensatory component to her spousal support entitlement. In other words, there is a sufficient temporal and causal connection to the parties’ relationship to warrant the petitioner benefiting, at least to some extent, from the increased income of the respondent post-separation, unlike in Reid v. Gillingham 2014 NBQB 79 (affirmed 2015 NBCA 27).

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