I Want to Stop Working and Ask for Spousal Support!
Hold your horses. It is not easy or even acceptable to stop working to get as much spousal support as possible. Too many litigants stop working after separation either out of spite or because they say they are emotionally distraught and unable to work. This often happens when a spouse has an affair and the other spouse tries to get revenge by asking for as much spousal support as possible. The court will not be your hero. This was again explained in the most recent BC Court of Appeal case of Jendruck v. Jendruck. What happened in this case?
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Full Spousal Support ‘Cause She Was Too Emotionally and Physically Exhausted
The parties had a very long marriage. The wife worked at a bank and provided daycare services during the marriage. After separation, she said she was too emotionally exhausted to do anything and was not working. The judge accepted her position without her providing any corroborating evidence. She did not plead any emotional or physical disabilities in her court documents.
The trial judge also said she could obtain a job at minimum wage outside of the home but that she would probably be ‘unhappy’ with it.
The court of appeal did not accept the wife’s position or the trial judge’s decision.
Spousal Support Dependent on Becoming Self-Sufficient After Separation
The Court of Appeal said that although spousal support is catered to provide compensation for disadvantages arising out of a marriage, spouses still have an obligation to go out there and become self-sufficient. It stated:
[16] Consistently, the courts have affirmed and applied the objective in the Divorce Act of striving for economic self-sufficiency, while recognizing that attainment of full economic self-sufficiency may not be practicable. To the degree effort could be made by a party to contribute to his or her own support in the circumstances, and effort has not been made, the courts have said the consequences of that party’s choice falls on them. The courts do not, and cannot, say a person must take up any particular employment. It is a free society in which people may choose how to spend their hours. However, where the effort to contribute to one’s own support is deemed insufficient in all the circumstances, the court will place the consequence of the inadequate effort on the person whose choice it is, and may do so by the vehicle of imputing income for under-employment.
Imputing Income to the Under-worked or Unemployed Spouse
The court went on to impute $1000 per month to the wife by looking at how much she could reasonably earn if she continued her work as a day-care provider. The wife was 57 years old.
The court also said that the husband could apply to vary spousal support payable if a material change happened in his circumstances such as retirement.
Spousal Support can be a very complicated issue in family law. Whether you have to pay or you want it, it is always best to consult with a family lawyer to fully know your rights.
Contact Leena Yousefi, top-rated BC Family Lawyer* for an INITIAL CONSULTATION at 604-974-9529 or email us.
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