Can a lump sum spousal support award be made in circumstances where the husband's interest in the matrimonial home is transferred?
Ontario, Canada
The following excerpt is from Dhanesar v. Dhanesar, 2009 CanLII 64808 (ON SC):
I am concerned that a one time payment cannot be calculated with certainty in this case and the basis for seeking the lump sum payment is so that the husband will transfer his interest in the matrimonial home to the wife. This is not a sufficient basis upon which to make an award of lump sum spousal support. (See: Young v. Young (1993), 1993 CanLII 34 (SCC), 49 R.F.L. (3d) 117 (S.C.C.).)
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