Note that this outcome pertains to unpaid
equalization payments only, which readers will know is the amount that spouses must pay to each other in order to equalize their respective Net Family Property as part of their division of assets.
Not exact matches
The
equalization payment, which
only available to married spouses, is the
payment owed to the spouse with a lower net family property (NFP).
Moreover, the motion judge was wrong to deal with the unequal division claim at the pleadings stage, because such a determination can
only be done after the usual
equalization payment is calculated.
This case affirms that the mathematical formula used in some cases (whereby a cohabitation period of four years has led to the
equalization payment being reduced to 4/5 = 80 % of what it would otherwise be, and a three year cohabitation period has led to the
equalization payment being reduced to 3/5 = 60 % of what it would otherwise be, and so on) is not the
only «right» way these short relationship cases can be decided.