UNCONSCIONABILITY

There are very limited circumstances under which the equalization payment can be other than as described above. When such an order is made it is called an “unequal” equalization. To obtain such an order, the result of the normal calculation must be “unconscionable,” that is, it must shock the conscience of the court in relation to certain specific conditions that are set out in s. 5(6) of the FLA.

The finding of unconscionability and, thus, an order for unequal division of the parties’ net family property are extremely rare.