What is the economic impact of a long-term disability on a spouse's income earning ability?

British Columbia, Canada


The following excerpt is from K.A.J. v B.G.J, 2021 BCSC 142 (CanLII):

Throughout the marriage, each spouse makes decisions that accommodate the economic and non-economic needs of the other. The decisions include the way in which child care and other family responsibilities will be handled and the way careers will develop. These decisions can have a significant impact upon the income earning ability of each at the time of separation. Yet it is not easy to determine exactly the relationship between these decisions and the consequent benefits and detriments to each spouse. The rough equivalency of standard of living approach has operated as a workable substitute to assess compensatory claims. See for example, Dithurbide v. Dithurbide. … [Emphasis added by Rowles J.A., citations omitted.]

Other Questions


What is the impact of marital misconduct on a spouse's ability to earn income and achieve economic self-sufficiency? (British Columbia, Canada)
What is the impact of a loss of income earning capacity on an individual's ability to continue to earn? (British Columbia, Canada)
What is the impact of past income earning on a loss of income calculation? (British Columbia, Canada)
Can a spouse impute income to their spouse under section 19 of the BC's Income Guidelines Guidelines? (British Columbia, Canada)
Can a court impute income to a spouse or former spouse under section 19 of the Income Tax Guidelines? (British Columbia, Canada)
How is lost income earning capacity assessed in the context of loss of income for the purposes of a disability assessment? (British Columbia, Canada)
What is the impact of self-confidence, motivation and ambition on a person's ability to earn income? (British Columbia, Canada)
Can an award of compensatory spousal support be justified by the existence of either an economic disadvantage to the payee spouse or an economic advantage to the Payor spouse? (British Columbia, Canada)
Is a self-employed real estate agent who receives income through his Personal Preference Tax Credit (PTC) entitled to income from a spouse's pre-tax income? (British Columbia, Canada)
When assessing past loss of income or earning capacity, does the court consider past loss in income or future earning capacity? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.