MAINTENANCE AND SUPPORT - Spousal support - Calculation or attribution of income - Separation and settlement agreements

Law360 Canada (March 15, 2023, 6:20 AM EDT) -- Claim by the petitioner for spousal support and for the respondent’s alleged breaches of the parties’ Separation Agreement. The parties were both born in Iran. At the time of their marriage, they entered into a marriage contract requiring the respondent to pay, on demand, a certain number of gold coins to the petitioner. After the parties’ son was born, the petitioner took several months of maternity leave. The parties’ families supported their childcare obligations at various times. The petitioner and the respondent were both highly intelligent, extremely well educated, driven and ambitious individuals. They sold the properties they received from their families. The parties excelled in their fields of medical practice. The parties separated. The parties continued to use their joint medical corporation, but its equity was equalized, and sole ownership was assumed by the petitioner who renamed it as her new medical corporation. The petitioner filed a Petition for Divorce. The petitioner remained in the family home after the parties’ separation. The respondent had purchased a home. At some point, he commenced cohabiting with NA and their daughter was born. The parties executed a comprehensive Separation Agreement that addressed all matters then at issue in their pleadings, save and except their divorce, the petitioner’s spousal support claim and costs....
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