The recent
British Columbia Supreme Court considered an application by a husband for
spousal support of his wife of 20 years. The wife, a school principal, earned
$120,000 per year while the husband earned less than $12,000 per year as an
uncertified fitness instructor. The parties had accumulated significant debt
during their marriage that left little equity in the family residence once
those debts were satisfied.
The husband
argued that, due to the disparity in incomes, he had need that justified
spousal support. The husband argued that he was permanently disabled from a
previous motor vehicle accident. However, his
evidence was contradicted at trial by the surveillance video of a
private investigator, that showed him engaging in significantly taxing
activities. The husband provided no medical evidence other than his own
testimony to support his claim that he was permanently disabled.
In denying the
husband spousal support, and requiring him to repay his wife all support
received while waiting for trial, the Court found that he was not entitled to
support as he had made no reasonable effort to find suitable employment or
advance his career.
http://www.courts.gov.bc.ca/jdb-txt/SC/13/12/2013BCSC1227.htm
