What is the impact of a breakdown in a marriage on the income of one spouse?
British Columbia, Canada
The following excerpt is from Shum v. Jay, 2012 BCSC 1277 (CanLII):
Even if the claimant were healthy, her earning capacity would be far less than that of the respondent, but the question is the extent to which that results from the marriage or its breakdown. The breakdown of a marriage does not give one spouse a permanent “property interest” in the higher income of the other: Roberts v. Beresford, 2006 BCCA 67 at para. 20.
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