The Supreme Court of British Columbia ordered approximately $2.825 million in retroactive and prospective support following a high-net-worth divorce involving substantial assets in Canada and China.
In Du v. Wang, 2026 BCSC 1782, the Court recognized the parties’ Chinese divorce but ruled that the property proceedings in China had not extinguished the wife’s claim for spousal support in British Columbia. The decision also addresses financial nondisclosure, income earned overseas and the prevention of double recovery.
Chinese Property Division Did Not Resolve Spousal Support
Xiaojun Du and Jun Wang married in 1995 and separated in 2018. During much of their marriage, Ms. Du raised their two children in Vancouver while Mr. Wang worked as a partner at King & Wood Mallesons in Shanghai and later New York.
Ms. Du commenced proceedings in B.C. in 2019 and subsequently pursued property claims in China. The Chinese proceedings resulted in a divorce in March 2023 and property division payments totalling approximately $8.4 million CAD.
Mr. Wang argued that the Chinese decisions had already resolved the financial consequences of the marriage, preventing Ms. Du from seeking spousal support in B.C.
The Court disagreed. Neither Chinese decision expressly determined or dismissed spousal support, and Ms. Du had not claimed it in those proceedings. The Court also noted that the Chinese property division was equal, with no indication that spousal support had been incorporated into the division.
Under B.C.’s Family Law Act, former spouses may pursue spousal support after a foreign divorce, subject to applicable statutory requirements and time limits. The Chinese divorce therefore did not prevent Ms. Du’s existing B.C. claim from proceeding.
Financial Nondisclosure Led to $1.5 Million in Imputed Income
Mr. Wang’s 2019 financial statement disclosed only one Chinese bank account. Through investigation orders obtained in China, Ms. Du discovered two additional accounts containing substantial funds.
The Court found that Mr. Wang had redirected significant law-firm dividends into an account previously unknown to Ms. Du and had concealed financial information following separation.
Other disclosure problems included delayed production of Chinese tax returns, inconsistencies between reported income and bank deposits, and failure to produce his law-firm partnership agreement.
Under section 19 of the Federal Child Support Guidelines, courts may impute income where income appears to have been diverted or required financial information has not been provided.
Considering Mr. Wang’s historical earnings, bank records, lifestyle expenses and incomplete disclosure, the Court imputed annual income of $1.5 million CAD to him.
Avoiding Double Recovery of Income Divided in China
The Chinese proceedings had already divided bank balances containing income earned after separation. The Court determined that counting this income again when calculating support would result in double recovery.
It identified approximately $1 million CAD annually in post-separation income that had already been divided in China and adjusted Mr. Wang’s income for support purposes accordingly:
- October 2018 to August 2022: $500,000 annually.
- September 2022 onward: $1.5 million annually.
The adjustment allowed the Court to calculate support without counting the same income twice.
The Court’s Support Orders
The Court ordered:
- $1,525,485.61 in retroactive child and spousal support, including special expenses and accounting for previous payments;
- $1.3 million in lump-sum prospective spousal support; and
- $19,495 per month in ongoing child support beginning October 2026, subject to adjustment when the older child ceases to qualify as a child of the marriage.
The prospective spousal-support award recognized Ms. Du’s economic disadvantage from leaving her career to raise the children while Mr. Wang developed his legal practice.
The Court ordered lump-sum spousal support partly because of Mr. Wang’s history of noncompliance with support orders and the difficulty of enforcement in China.
The retroactive and lump-sum awards were to be offset against Mr. Wang’s share of Canadian assets, with any remaining amount payable within 90 days. Annual disclosure of Canadian, Chinese and U.S. financial records was also ordered beginning in June 2027.
Implications for Cross-Border Divorce in British Columbia
A foreign divorce or property division does not necessarily prevent a separate spousal-support claim in B.C. The wording and scope of foreign judgments, along with the applicable Canadian legislation, are critical.
The decision also demonstrates that incomplete disclosure of overseas earnings and bank accounts can lead to substantial income imputation. At the same time, courts must account for income already divided as property to avoid double recovery.
ATAC LAW represents individuals and high-net-worth spouses in divorce proceedings and spousal disputes, including cross-border family law matters involving financial disclosure, support obligations and assets held in multiple jurisdictions.
