The respondent husband brought a motion for interim spousal support following the breakdown of a seven-year cohabitation and four-year marriage.
The applicant wife, a physician who had recently completed a medical fellowship and commenced a substantially higher-paying position, opposed the motion, disputing the respondent's compensatory and non-compensatory claims and arguing that no income increase should be shared.
The court found a prima facie entitlement to spousal support on both compensatory and non-compensatory grounds, but declined to base quantum on the applicant's post-separation income increase due to the conflicting evidence regarding the respondent's contributions.
The court fixed the applicant's income at $85,490 for support purposes based on a five-year average, declined to impute income to the respondent, and ordered interim spousal support at the high end of the SSAG range at $2,254 per month.
