There are special considerations when the property equalization includes a pension. It is generally unfair to allow a payee spouse to receive the benefit of the payor’s pension as an asset through equalization and again later as a source of income. Where practicable the court should focus on the payor’s income that has not been part of the equalization. (Druhan v. Druhan , ONSC 3430)
The respondent entered into a common-law relationship in January 2009 and married on August 28, 2009. In respect to remarriage, the case of Kelly v. Kelly , BCSC at 227, Justice Barrow states at p. 6: … when it is the spouse receiving support that remarries, the burden is on that party to demonstrate that. despite remarriage, there is a continuing basis for spousal support.
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