Our Vancouver spousal support lawyers act across BC for both paying and receiving spouses. We handle BC medium to high net worth and income cases where the spousal support stakes are as high as the amounts that can be paid.
In the recent Vancouver high income, spousal support case of Lightle v. Kotar, Lorne MacLean, Q.C. successfully tripled a trial Vancouver spousal support award and removed a time limit on payment of Vancouver spousal support by focusing the BC Court of Appeal on a proper application of the Spousal Support Advisory Guidelines.
There are two versions of the Vancouver Spousal Support Advisory Guidelines. One Vancouver spousal support formula applies to marriages where there are no dependent children and one applies when Vancouver child support is also payable.
The following extract from the SSAG Final Version summarizes the formula to be applied to Vancouver spousal support cases:
“Under the basic without child support formula:
- The amount of spousal support is 1.5 to 2 percent of the difference between the spouses’ gross incomes for each year of marriage, to a maximum range of 37.5 to 50 per cent of the gross income difference for marriages of 25 years or more (The upper end of this maximum range is capped at the amount that would result in equalization of the spouses’ net incomes — the net income cap.)
- Duration is .5 to 1 year of support for each year of marriage, with duration becoming indefinite (duration not specified) after 20 years or, if the marriage has lasted 5 years or longer, when the years of marriage and age of the support recipient (at separation) added together total 65 or more (the “rule of 65”).
Top lawyers know that the formula allows for ranges in the amount of Vancouver spousal support from low to high and ranges for duration also from low to high.
So Where On The Range Will Your Vancouver Spousal Support Case Fall?
Vancouver spousal support cases will vary in where they fall on the range, for the amount paid and the duration of the payment for Vancouver spousal support based on the following factors:
- Strength of any compensatory claim (giving up job, raising children, moving to further other spouse’s career)
- Recipient’s needs
- Age, number, needs and standard of living of children
- Needs and ability to pay or payor
- Work incentives for payor
- Property division and debts
- Self-sufficiency incentives (to encourage a receiving spouse to work)
Many lawyers default to the mid-range of Vancouver spousal support but to do this is a disservice to the client without a proper analysis of the factors.
Whether you are being asked to pay Vancouver spousal support, you need spousal support, or you are trying to vary or end Vancouver spousal support, you deserve top legal representation from Vancouver’s top rated family law firm. Call us toll free across BC to meet with us to discuss your BC spousal support cases at 1 877 602 9900 or request a spousal support consultation. We have offices in Vancouver, Surrey, Kelowna and Fort St John.
