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7.11 Case Building Activity

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Consider Bob, he has recently split with his wife, Diana, after 20 years of marriage. They have no children but own a house they bought 2 years ago and a car they bought 10 years ago. They moved to Trail, BC 2 years ago because of Diana’s job. Bob had to take a pay cut at work to move with Diana to Trail. Bob feels he has been financially disadvantaged by the relationship because of the move to Trail. Bob and Diana are in conflict and have not been able to resolve issues about property division or spousal support. Answer the following questions.

 

What do you think Bob might want? 

Answer: Bob wants spousal support and 50% share in the home and car. 

 

What does the law say about spousal support and property? 

Answer: The law gives a spouse the right to 50% of family assets and the right to claim spousal support if the relationship or the separation has caused one spouse financial disadvantages. 

 

According to the FLA, what is 'family property'? 

Answer: Family property is defined, in the FLA s. 84, as property owned by one or both the spouses that is not excluded property at the time of separation. 

 

How does it relate to the facts? 

Answer: Bob could claim spousal support because he feels financially disadvantaged by the relationship. Their home and the car can be defined as family assets. 

 

What does Bob have to prove to claim 50% of the home and car? 

Answer: Bob will need to prove that: 

  1. He is a spouse 
  2. The car and house is family property by showing: 
    • They are owned by him or Diana, or both of them at the time of their separation
    • That the house and care are not excluded property 
 

What does Bob have to prove to get spousal support? 

Answer: Since s. 161 of the FLA states a spouse is entitled to spousal support if the relationship or the separation has caused one spouse financial disadvantages, Bob has to prove that: 

  1. He is a spouse
  2. He's financially disadvantaged by the relationship or separation 
 

What are some ways Bob can show he's been financially disadvantaged by the relationship or the separation? Make some suggestions about the type of evidence he might use. 

Answer: He moved to Trail because of the relationship and hasn't been able to find work there. 

  • His income tax returns before and after the move 
  • The job market for his job in Trail is bad. Show the job postings. 
  • He's been making efforts to find work. He can testify to this and show the number of applications he's sent. 
 
 
 
What I want
The Law
Points to prove
The Proof (Evidence)
Answer: Spousal support 
Answer: FLA s.83 Right to 50% of family property. 
s.84 Family Property owned by one or both spouses at time of separation and not excluded under s.84.
Answer: Home and car are family property.
Home and car owned by one or both of them.
Home and car are not excluded property. 
Answer: Documents proving ownership such as Contract of purchase for both home and car or Mortgage agreement or an affidavit stating who the owner is.
Potential witnesses: his own testimony. 
 
Answer: 50% of the home and car 
Answer: FLA s.161 Right to support if relationship or separation caused financial disadvantage. 
Answer: He was financially worse off because of the relationship, because he moved to further her career at the expense of his. 
Answer (e.g.): HIs income tax returns before and after the move 
The job market for his job in Trail is bad. Show the job postings. 
He's been making efforts to find work. He can testify to this and show the number of applications he's sent. 
 

 
https://www.howtoseparate.ca/7-building-your-case/710-building-your-case
https://www.howtoseparate.ca/7-building-your-case/712-case-building-worksheet
7.11 Case Building Activity