Is there any case precedent that an unequal distribution of property is justified when matrimonial debt increases largely due to one spouse's inexplicable inaction?
Alberta, Canada
The following excerpt is from Ross v. Ross, 2007 ABQB 167 (CanLII):
There is case precedent stating that an unequal distribution of matrimonial property is justified when matrimonial debt increases largely due to the inexplicable inaction of one of the spouses. When one spouse fails to take measures to prevent a decrease in matrimonial assets despite the fact that those measures were readily available, it may be inequitable to order an equal division of assets: Layden v. Layden, [1996] A.J. No. 489.
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