What is the quantum of spousal support based on post-separation salary increases?

British Columbia, Canada


The following excerpt is from Kotyk v Kotyk, 2020 BCSC 1975 (CanLII):

The quantum of spousal support is often based on the payor’s subsequent increases in salary, regardless of whether it is needs-based or compensatory. However, the respondent referred to numerous cases where support is based on the marital standard of living, not post-separation increases: Rayvals v. Rayvals, 2008 BCSC 176; Judd v. Judd, 2010 BCSC 153;G.W.C. v. K.C.C., 2015 BCSC 1802.

Other Questions


What is the legal test for entitlement to spousal support under s. 15.2(6) of the Spousal Support Guidelines? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
Can an initial determination of spousal support fall substantially above or below the range suggested by the Spousal Support Guidelines? (British Columbia, Canada)
What is the test for a spousal support award based on compensatory support? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
How have the courts in BC considered a claim for spousal support based on income disparity? (British Columbia, Canada)
Can a spouse's failure to make reasonable efforts to become self-sufficient be taken into account in determining quantum and duration of spousal support? (British Columbia, Canada)
How is a payor's base salary calculated for child support purposes? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.