“As a result, in order to fund any lump sum spousal award in the order of $300,000, the respondent husband would be required to deplete his capital assets.
However, the courts have held that, under the Divorce Act, there is no authority to support the transfer of capital assets in the guise of spousal support: Steinfeld v Koenigsberg, 2019 ONSC 5996 (S.C.J.), at para 179. While the court is entitled to take into consideration the means of the parties, including their capital assets, a party should not be required to pay spousal support out of his savings or to deplete his capital assets for that purpose: Laurain v. Clarke, 2011 ONSC 7195, 16 R.F.L. (7th) 316 (S.C.J.), at 83.”