As a Vancouver and BC spousal support lawyer I’m often asked: I’M DIVORCING AFTER A LONG MARRIAGE, IS THERE A DUTY TO BECOME SELF SUFFICIENT IN BC SPOUSAL SUPPORT CASES?
I argued in the Supreme Court of Canada that the family law legislation affects Canadians more than any other legislation in Canada.
In the infamous Supreme Court of Canada case of Leskun, I argued that the support legislation should be applied by the courts to encourage payors to remain working to their full capacity rather than slacking off or quitting their jobs to pay less support. Equally as importantly I say the Courts should also ensure recipient spouses do not languish at home to try obtain more support.
By applying this approach, particularly in these uncertain economic times, I argued that both spouses would become stronger and to do less than to encourage both spouses to excel in their careers weakened us as a nation.
Although some earlier cases referred to an obligation or duty to become self sufficient, more recently the Courts have clarified that a failure to achieve self sufficiency is simply one factor to take into account when determining entitlement to and the appropriate amount of spousal support, and that there is no absolute obligation or duty to become self sufficient, only to make reasonable efforts towards this.
What constitutes “reasonable efforts” in a particular case may depend on factors such as the length of the marriage, the role played by the dependent spouse including childcare, their age and health, the size of the property settlement, and a realistic assessment of the spouse’s potential for self sufficiency taking into account their education and employment history.
Spousal misconduct such as having an affair or treating a spouse unkindly will not be relevant to a support award BUT the court may consider misconduct of a spouse where a spouse has engaged in conduct that either prolongs the need for support or reduces the means from which support could be paid. For example, support may be reduced where the recipient refused to look for or accept appropriate employment. Alternatively, a payor’s request to reduce the support paid may be refused where they have, without excuse, gone from full-time to part-time employment or retired early or wrongfully disposed of assets.
The spousal self sufficiency issue is the source of much heated dispute. Call us toll free at 1 877 602 9900 to find out what your legal rights are or to book a consultation with anyone of our top rated lawyers.
