What is the test for becoming self-sufficient following a breakdown in the relationship?
British Columbia, Canada
The following excerpt is from Bartch v Bartch, 2019 BCSC 1643 (CanLII):
The respondent submits that he is not obliged to become self-sufficient following a marriage breakdown. He is only required to make reasonable efforts to achieve self-sufficiency. A failure to make reasonable efforts does not bar support. However, a judge may reduce the amount of support awarded by imputing income to the unreasonably under-employed spouse: Hsieh v. Lui, 2017 BCCA 51 at para. 47.
The party seeking to impute income to the other spouse has the burden of establishing an evidentiary basis for doing so: Marquez v. Zapiola, 2013 BCCA 433 at para 36. Thus, the respondent submits it is the claimant’s responsibility to provide evidence of employment available to him.
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