What is the effect of equalization payments made after a divorce?

Ontario, Canada


The following excerpt is from Kirk v. Kirk, 2004 CanLII 5053 (ON SC):

As indicated previously, I find from the evidence of both parties that there was an equalization payment made following their separation and therefore to paraphrase Major, J. in the Boston v. Boston case, in order to avoid a double recovery, focus should only be on the assets and income of the applicant which were not part of the original equalization. As indicated, this would therefore direct attention only to the pension income generated for the 11 years subsequent to the separation and divorce, up to the point of retirement by the applicant.

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