If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support?
British Columbia, Canada
The following excerpt is from Hemstreet v. Hemstreet, 2006 BCSC 64 (CanLII):
If the assets are equalized then it will also be necessary to adjust the monthly income of the defendant to reflect his monthly income after the division of these assets and then calculate child or spousal support on this adjusted amount in order to prevent double recovery (see Garcia v. Garcia [2004] B.C.J. No. 1193).
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