MARITAL PROPERTY - Equalization or division - Asset types - Company shares, stock options

Law360 Canada ( January 29, 2021, 6:02 AM EST) -- Appeal by the husband from a 2017 trial judgment respecting division of property and spousal support. The trial judge directed him to make an equalization payment of $863,480 and $8,250 per month in spousal support for an indefinite duration. The parties married in 1986 and separated in 2015. The wife, 55 at trial, worked throughout the marriage but retired in 2011 due to ill health. The husband was the managing partner of the Virtus group of companies until he accepted a buyout in 2014. At the time of trial, the husband, 58, worked as a consultant for Virtus and did merger and acquisition consulting work through his firm Transitus. The parties were unable to agree on spousal support and the share value of DFGC which consisted of several companies. The husband argued the trial judge erred in how he dealt with the pre-tax values for the companies that formed the DFGC. He also argued the trial judge erred by offsetting the amount the husband paid towards the parties’ debts and the costs of the matrimonial home against spousal support rather than by an unequal division of property. The husband disputed the trial judge’s imputation of income of $45,000 to the wife and $281,803 to the husband. The husband argued his only certain income was his $150,000 consulting fee as per the Virtus agreement, possible bonuses under the consulting agreement and $9,500 for corporate directorships. The trial judge also concluded the husband had an earning capacity of additional $77,000 and imputed that amount of income to him. The trial judge declined to deduct any expenses from the imputed income because he concluded Virtus was responsible for expenses under the contract....
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