After a trial in 2009, Mr. Purcaru was ordered to pay the respondent in excess of $ 1 million in arrears of spousal and child support and
for equalization of net family property.
Finally, also in Canada under the Ontario Family Law Act, she asked
for equalization of net family property.
If a spouse declares bankruptcy, is he or she then prevented from claiming
for equalization of Net Family Property (NFP?)
Once that limitation period has been missed then, unless a Court agrees to extend it based on the common - law (which is difficult), no further claims can be made
for the equalization of net family property.
Not exact matches
Section 5 (3)
of the FLA states that if, while the spouses are cohabiting, there is a risk that one spouse will «improvidently deplete his or her
net family property,» the other spouse can apply
for equalization.
As you have been separated
for 8 years it may now be too late
for you to seek an
equalization of net family property, if that is still an issue
for you.
In addition to custody and spousal / child support, she also asked
for the usual
equalization of Net Family Property (NFP).
Therefore, if you are applying
for child support as part
of your divorce application, or if you are seeking relief related to
property (such as
equalization of net family property) as well as child support, you must file in the Superior Court or Unified Family
family property) as well as child support, you must file in the Superior Court or Unified
Family Family Court.
Under Ontario law, the matrimonial home is the only asset
for which you don't receive a date -
of - marriage deduction in the calculation
of the
equalization of net family property, Diamond says.
As a comparison, Diamond says the only the growth
of an investment account during the marriage is subject to
net family property equalization, allowing the party that brought the asset into the marriage to get a credit
for its value on the date
of marriage.
• It only applies to spouses who are asking
for something in addition to divorce (i.e. spousal support, child custody, child access or child support, division
of property, and / or
equalization of net family property).
In the context
of determining their respective
Net Family Property amounts for the purposes of equalization, a legal question arose as to whether the wife's annuity payment entitlement should be counted as «property» or as «income» as those terms are used in the Ontario Family
Property amounts
for the purposes
of equalization, a legal question arose as to whether the wife's annuity payment entitlement should be counted as «
property» or as «income» as those terms are used in the Ontario Family
property» or as «income» as those terms are used in the Ontario
Family Law Act.