Do You Qualify For Spousal Support In BC? 

What is Spousal Support?

In British Columbia, Spousal Support (sometimes referred to as alimony in other regions) involves financial payments from one spouse to the other following a separation or divorce.

When one partner earns more than the other, the higher-earning spouse may be required to make extra short- or long-term payments to help equalize the financial impact of ending the relationship. This support is intended to address financial needs and any sacrifices made during the relationship.

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Why you need legal advice for spousal support

Spousal support is  an area where I recommend legal guidance, even if you and your soon to be ex-spouse are managing an amicable divorce. This is because there are many distinctions that need to be taken into account. And sometimes you need to know what you don't know.

This is because you don't know what you don't know.  The problem is that an honest and unsuspecting party can be taken advantage of if someone is dishonest. 

For example, I know of one case where the husband was not honest about his income. This impacted the wife, who had not realized (until later) that she was being lied to by him. Because she was unaware of the correct amount of his income, the wife agreed to accept a smaller amount of spousal support than she was entitled to.

Spousal Support Lawyer

A Spousal Support Lawyer is simply a divorce lawyer who has training and specializes in the mediation and arbitration process. 

At Pathway Legal, we utilize various effective mediation/arbiters if the case requires specialist assistance. One such lawyer in the Vancouver area is JP Boyd and we feature an example of how it works in our spousal support case study just below. He is a tough, no-nonsense lawyer, profoundly knowledgeable and if you feel this is the kind of help you may need, let us know. 

The Legal Framework for Determining Spousal Support: 

Under the BC Family Law Act, there are numerous considerations guiding spousal support and whether or not a person is entitled to it: 

• Entitlement:
  The Family Law Act outlines eligibility for spousal support, which can be influenced by the duration of the relationship, the economic circumstances of both parties and the roles they played during the relationship. The law recognizes that individuals dependent on their partners may need short- or long-term support to achieve financial independence. 
• Amount and Duration:
  The Spousal Support Advisory Guidelines, are used as a guide to determine the amount or duration of spousal support. However, factors such as the payer's ability to pay, the recipient's financial needs, and any agreements reached during the relationship (like prenuptial or cohabitation agreements) must first be considered in order to find if there is entitlement. 
• Change in Circumstances:
  The BC Family Law Act allows for adjustments to spousal support orders. If there are significant changes in the financial circumstances of either party, there may be grounds for modifying the support agreement.
  
  I cover further specifics below.

Factors Influencing Spousal Support Decisions

The eligibility criteria for spousal support are:

1. You were married; or
2. You lived together in a marriage-like relationship for at least two years. Generally, longer relationships may lead to more significant support obligations as parties may have developed interdependent economic arrangements
3. You lived together in a marriage-like relationship for less than two years and have a child together.
4. Financial Needs: Essential needs for housing, education, and daily living expenses will be considered when determining spousal support.
5. Career Sacrifices: If one partner has made sacrifices in their career or educational opportunities for the benefit of the family, this may bolster their claim for support.
6. Age and Health: The age and health of both parties can also be significant; older individuals or those with health issues may be eligible for longer-term support.
7. Childcare Responsibilities: If one partner is responsible for the care of children, this may impact their financial needs and, consequently, their entitlement to spousal support.

It is really important to understand that spousal support is not automatically required. It has to be applied for or agreed upon in a separation agreement.

If you are before a court, it will consider many different criteria when you apply for spousal support, including:

1. Did one of you stay home to look after the children so the other person could work or study? 
2. Was one person’s career more important than the other’s? 
3. Did one of you move so the other person could advance their career?
4. Will it be hard for either of you to find a job because you’ve been out of the workforce, due to looking after the children?
5. Were either of you financially dependent on the other throughout the relationship?
6. Will your standard of living go down or your spouse’s go up significantly because your relationship has ended?
7. Will you need financial help for a while to become self-sufficient post-separation?
8. Do you both work but you both have very different incomes?

Do you need court to resolve Spousal Support in BC ?

Court is the last resort with Spousal Support in BC.

Although we mention court, in our opinion and experience at Pathway Legal, court is a last resort.

However, it isn't calculated automatically. It must be applied for, negotiated, or included in a separation agreement. Ideally you don't need to go to court but in situations where there can be now agreement a court will be brought in.

At Pathway Legal, we suggest you always do what you can to move your family law matter forward and avoid court as much as possible. Most often, if you and your soon to be ex-spouse have lawyers, so you will be able to negotiate the support arrangement without court involvement.

Addressing spousal support early in your separation agreement can reduce future conflict. Every situation is unique, and speaking with a knowledgeable legal team, such as our Pathway Legal team, can ensure you receive the right guidance and support tailored to your needs.

Spousal Support without court; Case Study from Abbotsford BC: What Kate discovered...

One of our clients (I will call her Kate) from Abbotsford, BC, discovered she had a significant spousal support claim and was unaware of it. Kate and her husband (I will call him Derrick) were married for 23 years.

Kate and Derrick had a “traditional” marriage. When their two children were little, Kate did not work outside of the home until their youngest child was in kindergarten. At that time, Kate started to work part-time but then attended college and obtained her diploma to become an early childhood educator. Kate’s earnings are approximately $40,000 per year. Their children are young adults. 

Meanwhile, Derrick’s career had no interruptions, and his earnings have continually increased. Derrick earns approximately $170,000 per year. Derrick and Kate did not realize that Kate was entitled to spousal support. They discovered this when they sought legal advice.

Because Derrick and Kate lived in a household with a combined income of $210,000 per year, it would be unfair that Kate would live on $40,000 per year and Derrick $170,000. In their particular circumstances, Derrick had a long-term obligation to pay Kate spousal support.

Thankfully, both Derrick and Kate, were able to resolve their matter utilizing the mediation/arbitration process.

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