Is a spouse entitled to a portion of the amount of family money spent unfairly by one spouse prior to the triggering event?
British Columbia, Canada
The following excerpt is from D.J.F. v. V.J.F., 2013 BCSC 2019 (CanLII):
Anderson J.A. referred to Gourlay v. Gourlay, [1985] B.C.W.L.D. 2706 (S.C.), which is authority for the principle that a spouse may be compensated for a portion of the amount of family money spent unfairly (in that case on a mistress) by the other spouse prior to the triggering event. See also: Yang v. Yang, 2001 BCSC 1322, particularly at paras. 147-48, rev’d in part 2003 BCCA 473.
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