Understanding Spousal and Child Support Decisions in Long-Term Separation Cases

Case Overview

Fizli v Fizli, 2025 ABKB 274 is a family law case decided in Edmonton concerning issues arising from the separation of Leslie Fizli (Plaintiff) and Derrick Fizli (Defendant) after a long-term relationship. The dispute involves child support, spousal support, and division of family property, including pensions, investments, and other assets. The case addresses how income should be calculated for support purposes, whether income should be imputed to the wife, entitlement to spousal support, and how property should be divided given post-separation income increases and changes.

Despite the long-term marriage, the husband was ordered to pay spousal support for a total of 11 years, with mid-range SSAG amounts for the first four years and low-range thereafter, based on findings about the wife’s compensatory claim, employment status, and shared parenting arrangements.

Why This Decision is Important

• It clarifies how income is attributed for child and spousal support, especially where post-separation income changes occur.
• It illustrates the application of legal principles for imputing income to a spouse who is underemployed or unemployed.
• It provides guidance on the division of family property valued at trial date versus separation date, particularly pensions.
• The decision balances compensatory and non-compensatory spousal support claims in light of changing circumstances such as employment status and health.
• It highlights the courts’ approach to post-separation income increases and whether those increases benefit the other spouse.
• It demonstrates that even in long-term marriages, limited-duration spousal support may be appropriate when the recipient spouse has maintained employment, is moving toward self-sufficiency, and when there is limited evidence of career sacrifice for the family.
• It establishes that work arrangements that benefit family scheduling (such as aligning with children’s school schedules) do not necessarily create economic advantages that justify increased spousal support.

Case Details

Background

• Parties cohabited from 1998, married in 2003, separated July 2020.
• Two children born in 2004 and 2006; both are now adults and not children of the marriage under the Divorce Act.
• Family home sold in 2020, proceeds divided equally; other assets like pensions, investments, and a boat remained unresolved.
• Mr. Fizli’s income increased significantly post-separation; Ms. Fizli had reduced work hours due to employer actions and health issues.

Income Attribution

• Mr. Fizli’s income for child support purposes was adjusted to exclude a bonus shared with Ms. Fizli.
• For 2020–2024, his income ranged from approximately $157,000 to $308,000.
• Ms. Fizli is a pediatric physiotherapist with health-related employment limitations.
• Court found no basis to impute additional income to Ms. Fizli because her underemployment was reasonable due to employer layoffs and health constraints.

Child Support

• Mr. Fizli voluntarily paid child support; court provided detailed calculations for arrears based on attributed incomes and parenting arrangements.
• Counsel directed to finalize arrears accounting, including adjustment for shared expenses like hockey fees.

Spousal Support

• Ms. Fizli claimed spousal support; court found she was entitled on both compensatory (lost work time for child-rearing) and non-compensatory (economic hardship after separation) grounds.
• Despite her current full-time employment, her income is less than during the marriage and she cannot fully replicate the marital standard of living.
• Spousal support awarded for 11 years total:
  • Retroactive support from separation at mid-range amounts,
  • Ongoing support at the low end of the guideline range until mid-2031,
  • Total retroactive amount owing is $21,748 after tax adjustments.

Division of Property

• Family home proceeds divided equally at separation.
• Remaining assets (pensions, investments, boat) valued at trial date except pensions which are valued at separation date.
• Boat valued at $16,000 and awarded to Ms. Fizli.
• Fidelity Investments account valued at $123,282.79 as of August 2024 plus $120,000 withdrawn to buy a home considered for equal division.
• Pensions divided equally only for joint accrual period before separation; post-separation growth retained by each spouse.

Post-Separation Income Increases

• No entitlement found for Ms. Fizli to share in Mr. Fizli’s increased post-separation income due to lack of causal connection between her contributions and his career advancement.

---

Outcome

Issue	Decision
Income attributed to Mr. Fizli	Adjusted annually from $157,422 (2020) up to $308,541 (2022), then around $235,457 (2024)
Income imputed to Ms. Fizli	No additional income imputed; use actual reported income
Child support owed	Arrears to be calculated based on incomes; adjustments for shared expenses apply
Spousal support entitlement	Granted on compensatory and non-compensatory basis
Spousal support awarded	Retroactive $21,748 net; ongoing $1,816/month until June 30, 2031
Property division	Equal division of investments/boat at trial date value; pensions divided based on separation date
Post-separation income increases	Ms. Fizli not entitled to share

---

Key Takeaways

• Income attribution for support can exclude bonuses if already shared and non-cash benefits like gifts or watches are excluded.
• Income imputation requires evidence that underemployment/unemployment is voluntary and unreasonable; health issues and layoffs may justify actual income.
• Spousal support entitlement depends on compensatory factors such as lost work time and childcare contributions, but also non-compensatory factors like economic hardship post-separation.
• Post-separation income increases of one spouse are not automatically shared unless there is a strong link between the other spouse’s contributions and that increase.
• Family property (other than pensions) is generally valued at trial date unless agreed otherwise; pensions are valued up to separation date.
• Courts look at both parties’ circumstances over time when deciding amounts and duration of spousal support, aiming to promote self-sufficiency within a reasonable timeframe.

---

References

https://www.canlii.org/en/ab/abkb/doc/2025/2025abkb274/2025abkb274.html

The Legal Review Process by Spectrum Family Law

• Spectrum strives for high-quality, legally verified content.
• Content is meticulously researched and reviewed by our legal writers/proofers (usually local law students).
• Details are sourced from trusted legal sources like the Family Law Act.
• Each article is edited for accuracy, clarity, and relevance.
• If you find any incorrect information or discrepancies in legal facts, we kindly ask that you contact us with a correction to ensure accuracy.