Does the fact that property has been allocated in favour of a support-seeker’s favour defeat his or her entitlement to spousal support?
British Columbia, Canada
The following excerpt is from Azanchi v Mobrhan-Shafiee, 2019 BCSC 1392 (CanLII):
As stated in Parton v. Parton, 2018 BCCA 273 at para. 43, “[t]he ‘means’ of a spouse include his or her capital base, employment income or earning capacity and any other available source of benefits or gains”. The fact that property has been allocated in the support-seeker’s favour does not defeat his or her entitlement to spousal support: Parton at para. 42. However, where property has been reapportioned in favour of the support-seeker, the quantum of support “is determined by the extent to which the reapportionment adequately compensates for the economic consequences of the marriage and its breakdown, including any claims for compensatory and non-compensatory support”: Parton at para. 42.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for entitlement to spousal support under s. 15.2(6) of the Spousal Support Guidelines? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
When one spouse excludes property that is real property, is that a spouse entitled to an undivided half interest in the increased value of the property? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
Can an initial determination of spousal support fall substantially above or below the range suggested by the Spousal Support Guidelines? (British Columbia, Canada)
If a claimant has no means with which to pay support to the respondent, would she have been entitled to spousal support? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the effect of division of property and spousal support on property division? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
