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:
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:
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.