Entitlement to Spousal Support - Not a Guarantee

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