The parties brought a motion in a family law proceeding to determine whether post‑termination commission payments received by a financial advisor under a “Commissions on Release” (CORe) program constituted property or income for the purposes of equalization under s. 4(1) of the Family Law Act.
The program paid fixed monthly amounts over ten years representing the capitalized value of future commissions from an advisor’s book of insurance business accumulated during employment.
The court held that the entitlement was a contractual chose in action with determinable value derived from commissions earned during the marriage.
Unlike professional licences or disability benefits tied to future personal services, the payments reflected value created during the marriage and were capable of valuation.
The CORe entitlement accumulated during the marriage was therefore property subject to equalization.
