What is the test for imputing income to a spouse?

The court has jurisdiction to impute income to a spouse. Imputation is not restricted to child support cases. The decision to impute income, whether for spousal support or child support purposes, is nonetheless a discretionary one. Like all discretionary awards, such discretion must be exercised judicially in accordance with rules of reasons and justice -- not arbitrarily. A rational and solid evidentiary foundation, grounded in fairness and reasonableness must be shown before a court will impute income: Coadic v. Coadic 2005 NSSC 291 (CanLII), 2005 NSSC 291 (S.C.).

The burden of establishing an imputation claim rests with the party who seeks the relief. However, once a party has proven that income should be imputed, the burden shifts to the other spouse where there is a claim that health problems compromise one's ability to work. The person claiming the health problems is, after all, the person who has access to the requisite and relevant medical information: MacGillivary v. Ross 2008 NSSC 339 (S.C.).