Spousal support, which is also known as alimony, is money that one partner may have to pay the other after a divorce. The main goal is to make sure both people are treated fairly and that they both become financially settled.
In British Columbia, spousal support is covered by two laws: the Divorce Act for married couples and the Family Law Act for couples who lived together in a marriage-like relationship.
It is important to know how spousal support works, who can receive it, how much is paid, and for how long. Our family law team helps clients understand their rights and guides them through the process with clear advice and support that fits their personal situation.
Understanding Spousal Support
Spousal support is money one partner gives to the other after a separation or divorce. The purpose is to support one person who is not financially settled. In British Columbia, this support can be paid monthly or as a single amount.
Who Can Apply for Spousal Support in BC?
A person may be eligible to apply for spousal support if they were:
- Legally married, and are now separated or divorced under the Divorce Act
- In a common-law relationship for at least two years
- In a relationship of less than two years but have a child together and have lived together in a marriage-like relationship.
Spousal support cannot be given automatically. The person who is demanding spousal support has to show a valid reason in order to satisfy the court. This can be based on one or more of the following:
- Compensatory support: This applies to a spouse who put their career or income on hold to support the family, such as by staying home to look after the children.
- Non-Compensatory (Needs-Based) Support: To provide financial help to a spouse who cannot maintain a reasonable standard of living after separation.
- Contractual Support: This applies when both partners already agreed in a marriage or separation agreement that spousal support would be paid.
Factors the Court Considers
When determining spousal support in BC, several key factors are taken into account, including:
- The length of the relationship or marriage
- Each spouse’s age and health
- The roles each partner played during the relationship
- Each person’s income, earning capacity, and financial needs
- Whether there are dependent children and who has primary custody
- The impact of the separation on each spouse’s financial situation
The goal is to ensure a fair outcome for both partners based on their contributions and needs.
How is Spousal Support Calculated?
While there are Spousal Support Advisory Guidelines (SSAG) in Canada that provide a framework for calculating the amount and duration of support, they are not legally binding. However, courts and lawyers use them as a helpful reference point.
The guidelines consider factors such as:
- The length of the relationship
- The difference in the spouses’ incomes
- Whether there are dependent children
The guidelines give a range for how much and how long support should be paid, but the final amount depends on the couple’s situation and the court’s decision.
Duration of Spousal Support
How long spousal support is paid depends on each case. Shorter relationships usually mean shorter payments, while longer marriages or financial dependence can lead to longer or ongoing support.
For example:
- In shorter marriages (under 10 years), support may be paid for half to one year for every year of the relationship.
- In longer relationships or those involving children, support may continue until the receiving spouse becomes self-sufficient or indefinitely, subject to review.
Changing or Ending Spousal Support
Spousal support can be reviewed, changed, or terminated if circumstances significantly change. Common reasons include:
- A substantial increase or decrease in income
- The receiving spouse becoming financially independent
- Retirement, illness, or remarriage
Either spouse may apply to the court to vary or end support, provided they can show that the original circumstances have changed.
How CityLaw Can Help?
Dealing with spousal support can be stressful both emotionally and financially. Our family lawyers in British Columbia help clients understand their rights and responsibilities. We can assist with:
- Assessing eligibility for spousal support
- Negotiating fair settlements and drafting agreements
- Representing clients in court if disputes arise
- Reviewing and adjusting existing support orders
Whether you are seeking support or being asked to pay for it, CityLaw works hard to protect your financial interests and help you reach a fair and sustainable outcome. Contact us today for a free consultation on spousal support.
