In Rochon v. Rochon, 2018 BCSC 1899, the BC Supreme Court denied a spousal support claim by a wife where there was not a compensatory support claim and where following the division of family property the wife would have sufficient assets to meet her needs, avoid economic hardship and to pay her needs. Before trial the wife received $772,000 in spousal support. The wife’s annual expenses were $117,000.
Because this was a high-asset, high-income divorce, the Spousal Support Advisory Guidelines amount was not preemptively applied. The court’s analysis was entirely fact driven, taking into consideration the pre-separation spending pattern of the parties, their future plans and needs, and the amount and type of their post separation assets. After property division the wife would own assets of $4.24 million to meet her needs and held no debt, plus income from investments.
In high-asset, high-income divorces it is important to get early advice from a lawyer that has experience dealing with high income cases. Often, post-separation conduct impacts the outcome of your trial. It is important to get early advice to ensure that you are fully aware of the consequences of your decisions.
If you have questions about your divorce or separation, spousal support, or questions about high income or high asset or property division contact Windsor family law lawyers Mary Fox, Tanya McNevin or Thomas MacKay today by calling 519-259-1820. We serve clients in Windsor, Tecumseh, Lasalle, Essex, Leamington, Kingsville, Belle River, Lakeshore, and throughout southern Ontario