“Lump sum spousal support payments are not limited to “very unusual circumstances as a matter of principle.” However, for practical reasons, “most spousal support orders will be in the form of periodic payments”: Davis v. Crawford, 2011 ONCA 294, 106 O.R. (3d) 221, at para. 70.
The jurisprudence has listed various advantages and disadvantages that the court should consider in balance in determining if a lump sum award is appropriate, noting however that the advantages and disadvantages are highly variable and case specific. Such factors are noted in Davis v. Crawford at paras. 66-68, 70-74:
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- Whether the payor has the ability to make the lump sum payment without affecting their future self-sufficiency.
- The benefit of a clean break terminating ongoing contact.
- If the lump sum could provide capital to meet an immediate need of a dependant spouse.
- If there is a real risk of non-payment if a lump sum is not ordered.
- If the need and means of the party’s change, the parties will be deprived of the right to apply for a variation.
- The difficulties inherent in calculating a lump sum award in place of ongoing indefinite periodic spousal support.”
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