When a wife is unable to work because of depression, can she continue to receive an equalization payment from her husband?
Ontario, Canada
The following excerpt is from Rilli v. Rilli, 2006 CanLII 34451 (ON SC):
In Royston v. Royston [2003] O.J. No. 849, the wife was unable to work because of depression, and had retained the matrimonial home, which had a basement apartment. She had rented the apartment previously, and the husband submitted that income should be attributed to her on account of the amount that could be earned in rent. Walters J. agreed, holding at paragraph 54 that "this is a reasonable use to be made of the petitioner’s capital, namely the matrimonial home, which as a result of the equalization payment, shall remain her asset to do with as she pleases."
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