What criteria are applied to award lump sum spousal support?

Ontario, Canada


The following excerpt is from A.D. v. T.R.D., 2008 CanLII 45824 (ON SC):

[96] The criteria to award spousal support as a lump sum was considered and applied in Sharpe v. Sharpe. [11] After reviewing a number of cases, Campbell J. confirmed that lump sum spousal support “should only be awarded in the most unusual of cases” and determined that there is a threshold consideration as to whether it is feasible to calculate a “fair and reasonable” “one time assessment” of such support. Campbell J. defined the following criteria which have been applied to the circumstances of this case: (a) Where difficulties in enforcing periodic payments are anticipated.

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