Difference between revisions of "Dividing Property and Debt in Family Law Matters"
Jump to navigation
Jump to search
| Line 294: | Line 294: | ||
<blockquote><blockquote><tt>(i) any other factor, other than the consideration referred to in subsection (3), that may lead to significant unfairness.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(i) any other factor, other than the consideration referred to in subsection (3), that may lead to significant unfairness.</tt></blockquote></blockquote> | ||
Under s. 95(3), the court can also take into account | Under s. 95(3), the court can also take into account issues relating to spousal support in decided whether to divide family property and family debt unequally: | ||
<blockquote><tt>(3) The Supreme Court may consider also the extent to which the financial means and earning capacity of a spouse have been affected by the responsibilities and other circumstances of the relationship between the spouses if, on making a determination respecting spousal support, the objectives of spousal support under section 161 [objectives of spousal support] have not been met.</tt></blockquote> | <blockquote><tt>(3) The Supreme Court may consider also the extent to which the financial means and earning capacity of a spouse have been affected by the responsibilities and other circumstances of the relationship between the spouses if, on making a determination respecting spousal support, the objectives of spousal support under section 161 [objectives of spousal support] have not been met.</tt></blockquote> | ||
This provision will apply when there is an obvious need for spousal support to be paid by the person who would normally be required to pay it doesn't have the surplus income from which it could be paid. In such a case, the spouse in need of support might get more of the family property to make up for the support that can't be paid. | |||
====Dividing Excluded Property==== | ====Dividing Excluded Property==== | ||