Spousal Support
Facing Separation in British Columbia and Unsure about Spousal Support?
Separation is a difficult time filled with emotional and financial challenges. Spousal support is one area that can cause significant stress if left unresolved. At Valerie M. Little Law Corporation, our experienced spousal support lawyer in British Columbia understands the complexities of spousal support. She is here to guide you through the process to obtain spousal support with her years of knowledge and our extensive experience. Complete the Contact us page today to get the answers to your questions regarding spousal support.
What Is Spousal Support?
Spousal support, or spousal maintenance, is a financial arrangement between spouses after separation or divorce. The primary purposes of spousal support are outlined below:
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Balance the economic impact of separation: One spouse may have given up career opportunities to raise children or support the other spouse’s career. Spousal support can help achieve a fairer financial situation post-separation.
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Promote self-sufficiency: The objective is often to help the lower-earning spouse become financially independent.
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Recognize contributions: Spousal support can acknowledge a spouse's non-financial contributions to the family, such as childcare or homemaking responsibilities during the marriage.
Do You Qualify for Spousal Support in British Columbia?
The Family Law Act, the Divorce Act, and the Spousal Support Advisory Guidelines are the primary laws regulating spousal support in British Columbia. The Family Law Act outlines the various factors a court considers when deciding spousal support. In BC, eligibility and the amount of spousal support are determined based on several factors such as:
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the length of your marriage or common-law relationship,
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each spouse's income and earning capacity,
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the age and physical health of both parties,
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whether there are children involved,
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the contributions made by each spouse to the relationship during the relationship.
Key Factors Determining Spousal Support in BC
Courts in British Columbia assess entitlement and quantum by reviewing statutory factors under the Divorce Act and the Family Law Act. Each case is determined on its specific facts.
Primary considerations include:
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Length of the relationship: Longer relationships generally support claims for ongoing support without a termination date.
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Roles during the relationship: If one spouse reduced employment opportunities to care for children or support the other’s career, this may establish compensatory entitlement.
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Income and earning capacity: Courts assess current income, historical income, and future earning potential.
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Age and health: Medical conditions or age-related limitations may affect employability.
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Childcare responsibilities: Ongoing care obligations may limit a spouse’s ability to increase income.
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Economic disadvantage: Loss of career progression or pension accumulation may be considered.
How Long Will You Be Entitled to Get Spousal Support?
The duration of spousal support in British Columbia depends primarily on the length of the relationship and the circumstances of the parties.
General duration guidelines are as follows:
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Short-term relationships: Support may be time-limited and is often calculated at approximately six months to one year of support for each year of cohabitation.
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Medium-length relationships: Support may be payable for a defined duration and is typically determined in accordance with the Spousal Support Advisory Guidelines.
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Long-term relationships (20 years or more): Support may be indefinite which means that there is no fixed termination date at the outset.
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“Rule of 65” cases: If the recipient’s age plus years of cohabitation total 65 or more, then indefinite support may be appropriate.
How Much Spousal Support Will You Be Entitled to Get?
The amount of spousal support is commonly determined using the Spousal Support Advisory Guidelines. Two primary formulas apply:
The Without Child Support formula:
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Generally applies where there are no dependent children.
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Support typically ranges from 1.5% to 2% of the difference in gross incomes for each year of cohabitation.
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The maximum amount is generally capped at 50% of the gross income difference.
The With Child Support formula:
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Applies when child support is being paid.
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Calculations are based on net disposable income.
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The recipient spouse may receive between 40% and 46% of the combined net disposable income.
Our Spousal Support Lawyer Can Help
Our trusted family law lawyer can assist you in various ways, including:
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assessing your eligibility for spousal support or your responsibility to pay spousal support, determining the appropriate amount of support,
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negotiating a fair spousal support agreement or court order,
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representing you in court, if necessary, if matters are not able to be resolved outside of court by agreement,
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calculating spousal support pursuant to the Spousal Support Advisory Guidelines.
The Spousal Support Advisory Guidelines offer a range for potential spousal support amounts from low to medium to high quantum. They also specify a duration of spousal support. These amounts and times are based on the length of the relationship and the income of the parties. Unlike other provinces where these figures are only a starting point and the ultimate decision is left to a judge, in British Columbia, the courts regularly implement the Spousal Support Guidelines.
Every Case Is Unique
At Valerie M. Little Law Corporation, our lawyers understand that every spousal support case is different and requires a unique approach. Valerie will work closely with you to better understand your specific situation and create a personalized strategy to meet your needs. She will ensure that your opinions and concerns are heard and she will fight for a spousal support for you. She has also acted for the payor spouse to ensure that the appropriate quantum of spousal support is awarded and will often ask the Court to impute income to the recipient spouse who is under-employed.
Are You Considering a Separation Agreement?
If you are considering a separation agreement, it is essential to understand that a well-drafted agreement can significantly impact your future. It can help prevent disputes about spousal support and address other important issues such as property division, parenting time and contact time.
Our experienced lawyer at Valerie M. Little Law Corporation is dedicated to guiding you through the separation process. She will listen to your concerns to try to tailor a resolution that best meets your needs in your particular circumstance. She will take the time to explain the legal implications of the different options available to you, be it periodic monthly support or lump sum support, and ensure that you fully understand the terms. She will also ensure that the agreement is clear, comprehensive and legally binding so that you can have peace of mind knowing that your interests have been addressed and are protected.
Get the Support You Deserve
At Valerie M. Little Law Corporation, Valerie understands that dealing with legal challenges related to spousal support can be overwhelming and stressful. She is ready to assist you with her services in navigating the legal complexities relating to spousal support and to achieve a positive outcome. Valerie M. Little Law Corporation is a boutique family law firm that is centrally located in New Westminster and serves the surrounding areas of Burnaby, Maple Ridge, Coquitlam, Port Coquitlam, Vancouver, North Vancouver, West Vancouver, Port Moody, Richmond, Surrey, Cloverdale, Delta, and Langley.
She is here to help you.
Do not hesitate to schedule a consultation with Valerie to discuss your family law situation and explore your legal options. Valerie M. Little Law Corporation is committed to providing her clients with personalized and effective legal solutions. Call us today.