How Is Spousal Support Determined in BC?

FAQs

How Is Spousal Support Determined in BC?

In British Columbia, spousal support is determined based on the Family Law Act (FLA) and the Divorce Act (for married couples). The purpose of spousal support is to address financial disparities between spouses following a separation or divorce. It aims to ensure fairness, promote self-sufficiency, and compensate for sacrifices made during the relationship.

Key Factors in Determining Spousal Support

1. Eligibility

A spouse may be entitled to support if:

  • They were financially dependent on the other during the relationship.
  • They sacrificed career or educational opportunities for the family.
  • They face significant financial disadvantage as a result of the separation.

2. Types of Support

  • Compensatory Support: To compensate for sacrifices or disadvantages experienced during the relationship.
  • Non-Compensatory Support: To address a significant financial need or disparity post-separation.
  • Contractual Support: Based on an agreement or contract between spouses, such as a marriage agreement.

3. Spousal Support Advisory Guidelines (SSAG)

Courts in BC use the SSAG as a starting point to calculate spousal support amounts and duration. These guidelines consider:

  • Length of the relationship
  • Ages of both spouses
  • Income differences
  • Presence of children and childcare responsibilities

4. Income Considerations

Both parties' incomes are assessed to determine the ability to pay and financial need. This includes:

  • Employment income
  • Investments, pensions, and bonuses
  • Imputed income (if a party is underemployed or concealing income)

5. Length of Support

The duration of support depends on the length of the relationship:

  • Shorter relationships (under 5 years): Support may be limited or shorter in duration.
  • Longer relationships (10+ years): Support may last indefinitely or until the recipient achieves self-sufficiency.

Support duration may also be tied to specific life events, such as completing education or re-entering the workforce.

Example in a Vancouver Context

A couple divorces after 15 years of marriage. One spouse was the primary caregiver for their children and did not work outside the home, while the other earned a six-figure salary in a Vancouver-based tech company. The court may order spousal support to compensate the caregiver for their economic disadvantage and help them transition to self-sufficiency.

How to Modify or End Spousal Support

Spousal support can be changed or ended if there is a material change in circumstances, such as:

  • A significant increase or decrease in either party's income
  • Retirement of the paying spouse
  • Remarriage or cohabitation of the recipient

Seek Legal Assistance

If you’re dealing with spousal support, Mills Family Law, experienced Vancouver family lawyers, can provide guidance on your rights and obligations. Whether you’re seeking or paying support, professional advice can ensure a fair outcome. Call us at 778-945-3003 or fill out our web form to get started today.

Related FAQs

For more details on the legal framework, refer to the Family Law Act of BC and the Divorce Act.

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