What is the test for equalization of income between spouses after a marriage breakdown?
British Columbia, Canada
The following excerpt is from S.R.G. v. D.L.G., 2004 BCSC 11 (CanLII):
This case is similar to that dealt with by Oppal J. (as he then was) in Graves v. Graves (2001), 20 R.F.L. (5th) 381, 2001 BCSC 1081, aff’d (2002), 32 R.F.L. (5th) 58, 2002 BCCA 508. He concluded at ¶23: The wife’s claim for permanent spousal support cannot succeed under any of the so-called conceptual grounds alluded to in Bracklow, supra. This is a case in which both parties were employed during the marriage and continue to be employed after the breakdown of the marriage. Each earns a better than average income. Each is in a relatively stable financial position. The sole subject of concern is her outstanding credit line. The law does not state that there has to be a precise equalization of incomes following a marriage breakdown. CONCLUSION
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