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Article: BOSTON V. BOSTON: A CASE COMMENT
- Article from:
- Canadian Journal of Family Law
- Article date:
- January 1, 2004
- Author:
CopyrightCopyright Canadian Journal of Family Law 2004. Provided by ProQuest LLC. (Hide copyright information)
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INTRODUCTION
Boston v. Boston provided much needed guidance on the issue of "double dipping." Prior to Boston, the lower courts were divided on the issue of whether a pension should be counted as both a capital asset upon equalization and a source of income for the calculation of spousal support. At one end of the spectrum were the earlier cases where courts were reluctant to look to pension income as a basis for support if the pension had been previously equalized.2 These decisions held that spousal support must end at retirement when the pension becomes the payer's only source of income. At the other end were the more recent cases that refused to preclude pension income as a basis for ...