What is the test for imputing income from a spouse?

Nova Scotia, Canada


The following excerpt is from Eisnor v. Eisnor (Barnett), 2001 NSSC 140 (CanLII):

[13] The question is whether the payor's present situation is one where income should be imputed. The focus is on the issue of reasonableness which is "not confined to an examination of the circumstances surrounding the applicant alone, but all of the circumstances". (Montgomery v. Montgomery supra, paras. 36 and 37.) Reasonableness is determined not only by reference to current income but also by reference to the payor's capacity to earn, having regard to such factors as age, health, employment history, education, skills, the standard of living during the marriage, freedom to relocate and available employment opportunities. (Donovan v. Donovan, supra at page 310.) Each case must be decided on its own facts.

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