This case involved claims for divorce, equalization, and spousal support.
The parties resolved the divorce and equalization issues by consent.
The remaining issue was the quantum of lump sum spousal support.
The applicant, a 55-year-old permanently disabled individual, sought a $198,000 lump sum, arguing for imputation of income to the respondent and deviation from the Spousal Support Advisory Guidelines (SSAG).
The respondent, a 60-year-old retiree, argued against income imputation and proposed a lump sum between $32,000 and $58,000 based on SSAG.
The court declined to impute income to the respondent, finding his retirement involuntary and his earning capacity limited.
Instead of deviating from SSAG, the court extended the duration of support for calculation purposes, ordering the respondent to pay a lump sum of $76,100.
No costs were awarded.
