What is the effect of a plaintiff’s behaviour in seeking spousal support for a husband who is a winery owner?
British Columbia, Canada
The following excerpt is from Schneider v Owers, 2019 BCSC 528 (CanLII):
The respondent said that the claimant’s behaviour was analogous to the spouses’ circumstances in Daffner v. Sparkes, 2006 BCSC 1061 Aff’d 2008 BCCA 72 where the husband sought spousal support notwithstanding that he elected the lifestyle of a winery owner. The court concluded he had left a successful consulting career to adopt his lifestyle choice to run a winery business. He was a highly trained and capable individual who could return to the corporate world and making the norm income; he could choose to return to his previous employment. He was refused spousal support that forced him to return to work as a computer consultant. The court concluded that in pursuing the wine business, the husband’s career was temporarily and minimally disrupted. He was refused spousal support.
The respondent also referred to Trevison v. Hellekson, 2008 BCSC 1560 in which a husband’s claim for compensatory spousal support was dismissed because there was no evidence he had been disadvantaged by the marriage.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff who signed an agreement in December 2006 to "renounce any further claim" for spousal support after December 31, 2008 make a new claim for support? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
If a husband and wife have equalized their assets, is it necessary to divide the assets equalized so that the husband can continue to receive child and spousal support? (British Columbia, Canada)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
Can a husband seek spousal support on the basis that his wife’s income is more than twice that of his? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
In what circumstances will a court order arrears of spousal support and child support against a husband who quit his job? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
In what circumstances will a trial court order permanent spousal support for the payor husband, even if the husband’s income is uncertain? (British Columbia, Canada)
Can an initial determination of spousal support fall substantially above or below the range suggested by the Spousal Support Guidelines? (British Columbia, Canada)
