April 3, 2020 – Obligation on Payee Spouse

“As for the wife’s expenses, before turning to his analysis of the unequalized portion of the pension issue, the motion judge cited Boston v. Boston for the proposition that “where a pension is equalized by way of a lump sum payment, the payee is under an obligation to use those assets in an income-producing way … to create an ‘pension’ to provide for her future.”

However, Boston does not require the payee spouse to immediately invest the equalization assets. Instead, she must use them to generate income by the time the pension-holding spouse retires: see Boston at para. 54.”

Slongo v. Slongo, 2017 ONCA 272 (CanLII) at 108-109