The clientalleged that the lawyer should have advised him to negotiate a «downside protection clause,» so that, if his income did not
increase during the course of the marriage, he would not be obliged to make any equalization payment to his wife.
If one spouse owned property before the
marriage, or received gifts, inheritance or money from a motor vehicle accident before or
during the
marriage, that has
increased in value
during the
course of the
marriage, the Court has the ability to use its discretion to divide up any
increase in the value
of the property, although the principal amount will belong to just the one spouse.