The applicant brought a motion seeking a $2 million advance on an anticipated equalization payment under the Family Law Act.
The respondent acknowledged owing at least approximately $2.1 million after prior advances but resisted an immediate lump‑sum payment and proposed alternative interim payment structures.
The court applied the factors from Zagdanski v. Zagdanski regarding advances on equalization, including certainty of entitlement, financial need, and fairness to both spouses.
Finding little risk that the advance would exceed the ultimate equalization entitlement and that the respondent had the ability to pay, the court ordered a staged advance payment.
The respondent was required to pay $1 million within 14 days and his share of the net proceeds from the sale of the matrimonial home upon closing.
