Our BC spousal support lawyers deal with spousal support cases and the Spousal Support Advisory Guidelines with and without child formula on a daily basis. We deal with short and long term marriages involving medium to high net worth spouses. After the initial award of BC spousal support is made applications to increase, reduce or even end support can occur. One big ground for changing BC spousal support, is the remarriage or entry into a new relationship of one of the BC spousal support parties. Many people think support would automatically end but they would be wrong under our BC spousal support laws. Our BC spousal support lawyers have offices across BC in Vancouver, Surrey, Kelowna and Fort St john/ Dawson Creek.
Does Remarriage or Living in a New Marriage Like Relationship Automatically Cancel Spousal Support?
For the paying spouse remarriage or re-partnering will usually have no impact on ending or reducing spousal support.
Contrary to popular belief, the remarriage or re-partnering of the supported spouse rarely immediately reduces the amount nor automatically cancels the spousal support. A receiving spouse for support in a long marriage needs to avoid the urge to agree to cancel support because of a new relationship because if the new relationship ends this could leave the spouse from a long marriage destitute.
BC Spousal Support and Remarriage May Result In A Change Over Time
Remarriage or a new relationship can have an important impact on reducing the amount and length of spousal support. The new partner’s income is important.
In short-to-medium length first marriages, involving younger support receiving spouses who have suffered limited career damage or foregone opportunities for work, the new relationship can lead to almost immediate support cancellation.
But when support is paid after a long traditional marriage to an older spouse, the remarriage is unlikely to terminate spousal support, although the amount may be reduced and the length of payment shortened.
Factors such as:
- just how serious and stable the new relationship is; and
- the comparative financial means of the new spouse or partner as compared to the former support paying spouse is key;
Remarriage to a rich new spouse is ideal for ending support either sooner or later. A troubled short term uncommitted relationship to a new “slacker
‘spouse is less likely to reduce or end spousal support support.
The key point to learn from this is that if you don’t want to pay spousal support, you should marry a spouse with good prospects for self sufficiency and share the child rearing and homemaking duties to ensure both of you reach your career potential.
Entering into a marriage agreement that sets out what each parties expectations are for the thorny issue of spousal support and alimony is also a wise move.
If you have a BC Spousal Support and Remarriage or new relationship case call us toll free at 1-877-602-9900 so you get the best strategy to move forward in your life.
