Not exact matches
According to the Family Law Act, non-married couples are not entitled to the
property division regime known as the
equalization payment.
The right to an
equalization payment does not permit a recipient spouse to force the sale or transfer of a specific
property if the paying party can make the
payment by some other means.
Zavarella v. Zavarella 2013 ONCA 720 Family Law — Husband and wife — Marital
property — Distribution orders —
Equalization payments About two weeks before she was married, a future wife, with debts of $ 49,838.70, made an assignment into bankruptcy.
The
equalization payment, which only available to married spouses, is the
payment owed to the spouse with a lower net family
property (NFP).
Ms. Ruizhen represented in her e-mail that she allegedly living in China and was seeking to retain my firm to assist her with the collection of an outstanding
property settlement
equalization payment, in the sum of $ 468,450 USD.
In this quasi-family law proceeding, the wife sought to force the sale of a
property belonging to her former husband to satisfy an
equalization payment owing to her.
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.
That is, the date of separation will be set out in the Separation Agreement, and is used to determine a number of issues for the separation (including
property settlement and
equalization, financial disclosure forms, pension forms, divorce application forms, and support
payments).
The trial judge had agreed with the husband and found that the
payments were
property and thus subject to
equalization in the same way that a pension would be.
the wife received an
equalization payment and other benefits totalling more than $ 4,000,000 of the $ 8,000,000 matrimonial
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.