In what circumstances will a spouse not receive spousal support from her husband's increased income?

New Brunswick, Canada


The following excerpt is from Mills v. Mills, 2009 NBQB 136 (CanLII):

In Eastwood v. Eastwood, 2006 CarswellNB 655, I commented on the three types of support available and at paragraph 20 I said: There are three types of support available: compensatory, dependence and contractual. Even though the Respondent earned more than the Petitioner at separation that had not been the case throughout the marriage. There was no evidence to indicate that his recent higher income was used to enhance their lifestyle. Even if there was some dependence on his increased income it was for about two years at best. Consequently, this short period of dependence will not support any long duration of spousal support. The fact is that they were both somewhat economically dependent on the other for economic support during the marriage. (emphasis added) In the case at bar, as stated earlier in this decision, Mills’ increased income was for less than one year at separation.

Other Questions


In a variation proceeding against her husband for spousal support, is he entitled to garnishment or garnishment from her husband's pension funds? (New Brunswick, Canada)
Does a retroactive increase in child support apply in circumstances where the payor's income has been reduced? (New Brunswick, Canada)
What is the test for determining whether a spouse is entitled to Prospective Spousal Support? (New Brunswick, Canada)
Is a spouse entitled to spousal support? (New Brunswick, Canada)
In what circumstances will the court impute income for the purposes of determining child support? (New Brunswick, Canada)
Is a spouse entitled to spousal support when they are married? (New Brunswick, Canada)
When a separated spouse is a custodial parent of a child, is the separated spouse considered to be a party to a claim of hardship? (New Brunswick, Canada)
What is the test for notice, delay and misconduct in spousal support cases? (New Brunswick, Canada)
Is there any case law supporting unequal division of property between spouses? (New Brunswick, Canada)
Is the petitioner entitled to benefit from the increased income of the respondent post-separation? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.