Moonay explained that, without a prenuptial agreement, British Columbia’s Family Law Act generally provides spouses with an equal interest in family property acquired during the marriage. While Lululemon was founded before Chip and Summer Wilson married, Moonay noted that the company’s growth during the marriage could be considered family property.

“Even though Lululemon was founded prior to their marriage, the growth during the marriage is considered marital or family property,” Moonay said.

Moonay also noted that Summer Wilson’s early involvement with Lululemon could strengthen her position regarding the increase in the company’s value during the marriage.

“The fact that Summer was involved in Lululemon early on solidifies my thought that she is likely to receive an appropriate share of the growth in the value of the company. It certainly strengthens her argument regarding family wealth creation.”

Although Moonay does not practice family law in British Columbia and does not have direct knowledge of the Wilsons’ divorce proceedings, she explained that high-asset divorces frequently resolve through private settlement rather than public litigation.

“Quite honestly, these are the types of cases that settle outside of court,” she said. “The parties usually do not want their personal affairs to be public record, even when those records might be sealed.”

Moonay further explained that substantial family wealth can provide divorcing spouses with greater flexibility.

“When a family has significant wealth, there is enough money to go around that, in some ways, it makes reaching a resolution easier,” she said. “Dividing assets that might not be simple like company stock, real estate, and trust assets allows for a more creative division if the parties negotiate a settlement.”

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