In what circumstances will the principle of double dipping in spousal support be ignored?

Ontario, Canada


The following excerpt is from Scott v. Scott, 2009 CanLII 68822 (ON SC):

In McFarlane v. McFarlane, [2009] O.J. No. 2947 (Sup.Ct.), S.E. Greer J. held that the principle of double dipping should be ignored in circumstances where there had been a lengthy marriage, where the wife was unable to work due to health problems, and where the husband had accumulated significant assets during the ten years after separation. In McFarlane, Greer J. reduced the spousal support by a percentage equal to the decrease in the husband’s total income from all sources including equalized assets.

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