Traditionally, marriages with children, and where one parent has been a homemaker, spousal support is substantial and long lasting. In British Columbia, it is much more common to see marriages with children dissolve in shorter periods of time. It is these custodial or stay-at-home parents who face the most serious disadvantages for long-term financial independence after a divorce. Specifically, mothers who have young children in their care and with little employment history are often unable to continue education, training, career advancement and income earning ability if they are the custodial parent.
Gaining Long-Term Financial Independence in Marriage Separation
Being the parent who will stay at home to look after sick children, or have reduced work hours to be the active parent may compromise education, career or job advancement opportunities. Unlike the long marriage spouse who has been disadvantaged for past parenting roles, the entire economic disadvantage to the younger spouse lies ahead of them as a result of child raising responsibilities.
However, many young recipient spouses do have a solid education and employment backgrounds, are younger, and are emerging from shorter marriages and are out of the paid labour market for shorter periods of time, all indicators of quicker recovery of earning capacity.
Shared Child Custody Arrangements Benefit Financial Stability
A shorter marriage and the financial opportunities for the recipient spouse to be self supporting are more favourable if the spouses share custody or if daycare resources are utilized. Both of these situations help ensure both spouses support their career initiatives.
Through separation and divorce, BC courts will usually set a date upon with each spouses’ financial situation with be “reviewed”. In Canada, for shorter marriages, spousal support normally continues until the date the youngest child starts attending school full-time. The earliest date for ending spousal support is the longer of one-half the duration of the marriage, or the date the youngest child starts full-time school. The upper end of support is the longer of the duration of marriage, or the date the last or youngest child finishes high school.
The courts will look at the combined income of both parents and determine an equitable distribution of support for the custodial spouse. If custody is solely with one parent that parent will be paid more than half of the combined incomes. However, if there is a 50/50 parenting arrangement, the combined incomes will be split 50% regardless of the individual incomes.
Do you have additional questions on spousal or child support? Connect with a MacLean Law family lawyer with your questions or call us in British Columbia at 1.877.602.9900 to book a consultation.
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