Is a deferred payment of past income a matrimonial asset?

Nova Scotia, Canada


The following excerpt is from Nova Scotia:

In Chaytor v. Chaytor [1994] N.S.J. No. 342, Scanlan J. stated: “[23] A deferred payment of past income is to be distinguished from payment for a lost of future income. If the Respondent’s entitlement was based on loss of future income such as a wrongful dismissal claim then I would not find that to be a matrimonial asset. The severance package in that case would be compensation for future losses to be incurred by the Respondent. In the present case the Respondent is not being compensated for lost future earning. The severance package is based on past service. It will be paid even though the Respondent will not suffer loss of future income. I find the severance package is in the nature of past savings and is a matrimonial asset subject to division.”

Other Questions


Is a retroactive payment of income from July 2003 a family asset? (British Columbia, Canada)
Does the Husband’s tax returns and income from a corporation affect the amount of income available for payment of child support? (British Columbia, Canada)
Is a plaintiff’s loss of income due to a motor vehicle accident a loss of capital asset or capital asset? (British Columbia, Canada)
Does the use of income from a capital asset for family purposes constitute a family asset? (British Columbia, Canada)
What is the test for a claim for future income loss under an earnings approach or capital asset approach? (British Columbia, Canada)
Can a husband who has structured his affairs improperly or illegally to hide significant amounts of taxable income from the government, sell a joint asset without telling his spouse? (Ontario, Canada)
In what circumstances will the court focus on the payor's income and assets that have not been included in the equalization or division of matrimonial assets? (British Columbia, Canada)
What is the effect of a lump sum payment against the value of the matrimonial home? (British Columbia, Canada)
Is a pension contribution made during the marriage a matrimonial asset? (British Columbia, Canada)
What is the use of the income generated by the rental property for the purposes of determining whether the property is a family asset? (British Columbia, Canada)