W1908 v. H1908

W1908 v. H1908

Court finds separation date February 1, 2016 based on contemporaneous communications and conduct; family assets to be divided as at June 2021 when financial arrangements ceased; wife’s income imputed at $60,000 per year; husband’s actual remuneration including bonuses (averaged over five years at $1,215,055) forms the basis for spousal support; wife entitled to compensatory (and some non-compensatory) support reflecting husband's post-separation promotions and bonuses; support ordered retroactively and prospectively with future support ending presumptively June 1, 2034; child support obligations allocated with retroactive and future periods specified; divorce granted and name change...

Citation
2025 BCSC 1390
Parties
Claimant: W1908; Respondent: H1908
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 July 2025
Procedural Posture
Divorce/family Law / Reasons for Judgment Following Trial
Outcome
Judgment finding separation date February 1, 2016; divorce granted; property division and spousal and child support awards as detailed in orders below.
Legal Topics
Separation Date Determination, Imputation of Income, Post Separation Income Sharing, Spousal Support Advisory Guidelines, Review Provisions, Name Change, Costs
Source Language
English
Family Law Divorce Spousal Support Property Division Child Support Separation Date Determination Imputation of Income Post Separation Income Sharing +4 more

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Parties

W1908

Claimant

H1908

Respondent

Procedural Posture

Divorce/family Law / Reasons for Judgment Following Trial

Legal Issues

  1. 1 What was the date of separation?
  2. 2 What date/value for division of family property?
  3. 3 What income should be imputed to the wife?

Ratio Decidendi

Court finds separation date February 1, 2016 based on contemporaneous communications and conduct; family assets to be divided as at June 2021 when financial arrangements ceased; wife’s income imputed at $60,000 per year; husband’s actual remuneration including bonuses (averaged over five years at $1,215,055) forms the basis for spousal support; wife entitled to compensatory (and some non-compensatory) support reflecting husband's post-separation promotions and bonuses; support ordered retroactively and prospectively with future support ending presumptively June 1, 2034; child support obligations allocated with retroactive and future periods specified; divorce granted and name change...

Court Disposition

Judgment finding separation date February 1, 2016; divorce granted; property division and spousal and child support awards as detailed in orders below.

Orders

  • Find separation date: February 1, 2016.
  • Determine property division as at June 2021; each party to receive approximately $115,839.50 in net liquid cash, $471,507 in combined RRSP/LIRA/RPP assets and 50% of net equity in residential property (approx. $1,269,560 subject to taxes/fees).