Can a spouse's failure to make reasonable efforts to become self-sufficient be taken into account in determining quantum and duration of spousal support?
British Columbia, Canada
The following excerpt is from A.B. v. C.D., 2012 BCSC 267 (CanLII):
I do accept that the authorities require a spouse to make reasonable efforts to become self-sufficient, and failure to do this can be taken into account in determining the appropriate quantum and duration of spousal support: Rogers v. Rogers, 1999 BCCA 238 at para. 46; Tedham v. Tedham, 2005 BCCA 502.
In considering the reasonableness of a spouse's efforts to become self-sufficient, a court may conclude that a spouse has been unreasonable in the past, and for purposes of analysis, impute income to that spouse, as was done in McEachern v. McEachern, 2006 BCCA 508 at para. 40-41. This is based on the factors in the Divorce Act and not based on the CSG.
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