Spousal support is financial assistance paid by one spouse or former spouse to the other after separation or divorce. In British Columbia, entitlement is not automatic simply because one spouse earns more. The court considers the financial circumstances of both people, the history of the relationship, the roles each person played, and the economic consequences of separation. For more information please visit Spousal support lawyer in Surrey BC
Who Can Qualify for Spousal Support in BC?
Under British Columbia’s Family Law Act, a spouse can be:
- Someone who is or was legally married; or
- Someone who lived with another person in a marriage-like relationship.
For spousal support, an unmarried couple may qualify even if they lived together for less than two years when they have a child together.
For married couples who are divorcing, the federal Divorce Act also provides a framework for spousal support. Either spouse can apply for support; it is not legally limited to the lower-income spouse.
When Is Someone Entitled to Support?
British Columbia law identifies several objectives when determining entitlement. These include:
- Recognizing economic advantages or disadvantages arising from the relationship or its breakdown.
- Addressing financial consequences associated with caring for children.
- Relieving economic hardship caused by separation.
- Promoting reasonable economic self-sufficiency.
For example, a spouse may have a claim where they left employment to care for children and consequently have lower earning capacity after separation. Support can also be relevant where the relationship created significant economic disadvantages for one spouse.
However, a difference in income by itself does not automatically establish entitlement. The Department of Justice specifically notes that entitlement must be determined before the Spousal Support Advisory Guidelines are applied.
How Much Spousal Support Can You Receive?
There is no single fixed amount of spousal support in British Columbia. The amount depends on the circumstances of the individual case.
Under the Family Law Act, courts consider factors including:
- Each spouse’s financial means and needs
- The length of time the spouses lived together
- The functions and roles each spouse performed during the relationship
- Existing support agreements or orders
- Child-care responsibilities
- The economic effects of the relationship and separation
Once entitlement has been established, lawyers and courts commonly refer to the Spousal Support Advisory Guidelines (SSAG) to estimate an appropriate range for support. The SSAG are not legislation and do not determine entitlement. They provide ranges for potential amounts and duration rather than one mandatory payment.
What Determines the Duration?
Spousal support may be paid for a limited period, for an indefinite period, or potentially as a lump sum, depending on the circumstances.
Relationship length is an important consideration, but it is not the only factor. A longer relationship, significant economic disadvantage, age, health, caregiving responsibilities, and the recipient’s ability to become financially independent can all affect the appropriate duration.
British Columbia’s government explains that support may be ordered as a lump sum or as regular payments for a specified number of months or years.
Does Child Support Affect Spousal Support?
Yes. Where children are involved, child support and spousal support can interact in important ways. Child-care responsibilities may affect a parent’s ability to work or develop a career, and the economic consequences of those responsibilities can be relevant when determining spousal support.
The presence of children can therefore substantially change the calculation compared with a case involving two spouses without dependent children.
Can Spouses Agree on Support?
Yes. Spouses can negotiate an agreement covering the amount, duration, and circumstances for changing or ending spousal support. An agreement may also address whether a spouse gives up the right to support.
Because financial disclosure and the circumstances in which an agreement was negotiated can affect whether an agreement is enforceable, obtaining independent legal advice can be important before signing a spousal-support agreement.
Key Takeaway
There is no universal BC spousal-support amount. The process generally involves two separate questions:
First: Is the spouse legally entitled to support?
Second: If entitlement exists, what amount and duration are appropriate?
The Spousal Support Advisory Guidelines can help estimate a range, but they are advisory rather than mandatory. The final result depends on the particular financial and family circumstances of the spouses.
