In calculating the amount of lump sum payments made by the wife to the husband on a lump sum lump sum payment, is the wife entitled to periodic maintenance payments?
Alberta, Canada
The following excerpt is from Krause v. Krause, 1974 CanLII 313 (AB QB):
In arriving at the amount of the lump-sum award payments, I have taken into account the amount of periodic maintenance also being awarded in favour of the wife. I thus comply with the stricture of Willmer L.J. in Davis v. Davis, [1967] P. 185 at 191, [1966] 3 W.L.R. 1157: ".… in considering the fairness of the lump sum awarded the amount of any periodic payments must be taken into consideration."
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