Is post-separation increases in income considered in the calculation of income for the purposes of determining a spouse’s income status?
Newfoundland and Labrador, Canada
The following excerpt is from Hynes v Snook, 2021 NLCA 29 (CanLII):
There is no fixed rule that post-separation increases in income cannot be considered; depending upon the circumstances, such increases can be part of the “condition, means, needs and other circumstances of each spouse” (Kohan v. Kohan, 2016 ABCA 125, at para. 37).
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