Regarding spousal support payments in British Columbia, a spouse may be entitled to support under the Divorce Act, or the B.C. Family Law Act. See our Family Law Advice page for information on sharing family debt or any post-separation increase in the value of a family property.
Spousal support entitlement may occur if the spouse has experienced any economic disadvantage from the relationship, or its breakdown, or if the potential payor spouse gained an economic advantage from the relationship, or its breakdown. Under the Divorce Act, a “spouse” is either of “two persons who are married to each other” (that includes same-sex and former spouses).
Under the Family Law Act, a “spouse” is a person who is married to another person, or who has lived with another person in a “marriage-like” relationship of at least two years, or they have a child together.
Spousal support entitlement can be established through a domestic agreement, through financial need (non-compensatory entitlement), or through economic disadvantage from the relationship due to the domestic roles taken on by the spouses during the relationship (compensatory entitlement).
Once entitlement is proved, a spouse seeking support must ascertain how much, in what form, and for how long spousal support payments should be made.
How much spousal support is payable is calculated the same way as calculating how much child support is payable: by figuring out the Guideline incomes of the spouses. Support can be paid by periodic payments (e.g., monthly), by lump-sum (one payment), or a combination of both.
How long spousal support payments should be made depends on many factors, including the length of the relationship (not just the length of the marriage, if applicable), and the age of the spouses as of the date of separation.
In Canada, calculating the quantum and duration of support is complex and is now nearly always calculated by reference to the Spousal Support Advisory Guidelines (the “SSAGs”). The calculations under the SSAGs are largely made by way of computer programs, such as DivorceMate. Our Kelowna lawyers have access to DivorceMate and other applicable computer programs in order to calculate on-going and retroactive (back pay) support payments.
Spousal support lawyers at Greg LeClair can help you answer the legal questions of whether or not you, or your spouse, are entitled to spousal support and, if entitled, what the possible amount and duration of spousal support payments will be. As well, we can calculate if a one time lump-sum (one payment) would be possible and/or beneficial in your circumstances.
The difficulties of a divorce or separation can make spousal support a challenging issue to mediate. It may be difficult for both parties to keep their feelings of resentment, anger, distrust, etc., out of the equation. During mediation for spousal support our job is to help both parties recognize the financial interdependence they shared, and come to some agreement for developing financial independence.
