What is the test for an application by a husband to claim an additional income from his wife on behalf of his wife?

Alberta, Canada


The following excerpt is from D.B.C. v. R.M.W., 2006 ABQB 905 (CanLII):

To succeed in her application, the wife must show that she contributed to the husband’s skills or to the credentials he acquired that led to his ability to earn his now increased income (Moge; Dextraze v. Dextraze, 2004 BSSC 215). A review of the jurisprudence is instructive.

In a traditional, long-term marriage case, Fletcher v. Fletcher, 2003 ABQB 890, Veit J. ruled that that part of post-separation income attributable to the husband obtaining his M.B.A. and developing skills during the marriage was available for sharing through support. That portion of the increased income attributable to the husband’s relationship with his employer was not linked to the wife and was unavailable for sharing through support.

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