Is post-separation income determinative for the calculation of spousal support?

Other cases have rejected the view that post-separation income is necessarily determinative for spousal support calculations. In Dextraze v. Dextraze, 2004 CarswellBC 287, 2004 BCSC 215 at para. 40, the court determined that the fact that a spouse’s ability to pay has increased since the settlement, does not, in itself, constitute a basis for an increase in spousal support. In Rozen v. Rozen (2003), 37 R.F.L. (5th) 205, 2003 BCSC 973, the court also refused to increase a wife’s support on the basis of substantial increases in the husband’s income following their separation because the court considered that the additional income was not related to the breakdown of the marriage or to the sacrifices of the wife during their marriage. Instead, the court found that the increase occurred because of “a re-organization of [the husband’s] accounting firm and additional work being required of him.” (at para. 17) In other words, the court was not satisfied that the wife had made a sufficient contribution to justify sharing in the increased post-separation income.