Lump sum spousal support

Racco v. Racco, 2014 ONCA 330:

[31]       This was an appropriate case for a lump sum payment. The appellant has an ability to pay. There was a high level of animosity between the parties, a history of non-payment by the appellant, the possibility that the appellant's financial situation would continue to be precarious, the desirability of terminating personal contact, the need to effect a retroactive award of support and the need to provide capital to the respondent. These factors support a lump sum award. It was for the trial judge to consider all of them and exercise discretion in addressing the individual circumstances of the parties. This was confirmed in Davis v. Crawford, 2011 ONCA 294, 95 R.F.L. (6th) 257, at paragraph 69:

In the end, it is for the presiding judge to consider the factors relevant to making a spousal support award on the facts of the particular case and to exercise his or her discretion in determining whether a lump sump award is appropriate and the appropriate quantum of such an award.