How Do I Get or Defend Spousal Support in BC? This is a question our top family lawyers get asked a lot. In today’s key blog Ana Banus answers your questions. MacLean Law set a Canadian record for spousal support at $100,000 a month BUT also denied a wife substantial monthly support in a long marriage where our client earned $500,000 a year.
Spousal Support in BC: It is Not Automatic Entitlement
When couples separate or divorce, one of the most common assumptions is that one spouse is automatically entitled to spousal support. But that’s not how the law works in British Columbia.
In reality, spousal support is not automatic. The person seeking support must show they are legally entitled to it. That involves more than just financial need; it requires a careful look at the nature of the relationship, contributions made, and the circumstances following separation.
What Is Spousal Support For? – How Do I Get or Defend Spousal Support in BC?
Spousal support is meant to:
- Help reduce or compensate for the financial imbalance caused by the breakdown of a marriage or common-law relationship; and
- Help each spouse become self-sufficient within a reasonable time, where possible.
The Four Big Questions -How Do I Get or Defend Spousal Support in BC?
Before spousal support can even be considered, four key questions must be asked:
- Does the person seeking support qualify as a “spouse”?
Under the Family Law Act and Divorce Act, this includes married spouses and those who lived in a marriage-like relationship for at least two years, or for less time if they have a child together. - Is the claim being brought in time?
There’s no time limit for married spouses under the Divorce Act. But under the Family Law Act, unmarried spouses must bring their claim within two years of separation (or two years from divorce for married spouses if claiming under the FLA). - Has the spouse proven entitlement to support?
This is the heart of the matter—and where many misunderstandings come in. Spousal support is only awarded when entitlement is proven. - If there is entitlement, what amount and duration are appropriate?
This is where the Spousal Support Advisory Guidelines (SSAGs) come into play.
The Three Types of Entitlement
A spouse may be entitled to support under one or more of the following bases:
- Compensatory Support
This is designed to compensate a spouse for economic hardship or missed opportunities resulting from the relationship.
Example:
Jordan gave up a successful career in software development to stay home and raise the children while their partner, Riley, pursued a demanding career in finance. After 12 years, they separated. Jordan has been out of the workforce for over a decade, and Riley’s career has flourished. In this case, Jordan may have a strong claim for compensatory support for the sacrifices he made.
- Needs-Based Support
This focuses on whether one spouse is in financial need and the other has the ability to pay.
Example:
Jamie and Alex were married for 18 years. Jamie has not worked outside the home in over a decade and currently has no income. Alex earns $95,000 annually. Following separation, Jamie may be entitled to needs-based support to help meet post-separation living expenses and maintain a similar standard of living.
- Contractual Support
Sometimes, entitlement arises from a written agreement (such as a prenuptial agreement) where the parties agreed in advance that support would be paid in certain circumstances.
How Much Spousal Support Do I Get Or Pay?
In BC, while the Spousal Support Advisory Guidelines are not required, they are extremely influential. Judges and lawyers alike rely on them to determine appropriate ranges for support, based on:
- The parties’ respective incomes
- Whether child support is being paid
- The length of the relationship
- Age and health of the parties
- Childcare responsibilities
- The parties’ standard of living during the relationship
These Guidelines are complex and typically require specialized software like DivorceMate to calculate.
Duration of Spousal Support -How Do I Get or Defend Spousal Support in BC?
Support can be:
- Time-limited, e.g., for retraining or re-entering the workforce
- Indefinite, especially after long marriages or when the recipient’s age plus years of the relationship equals 65.
- Reviewable, meaning it will be reassessed at a future date
Key factors in duration include the length of the relationship, the age of the recipient, and whether there are young children still at home.
Tax Matters- How Do I Get or Defend Spousal Support in BC?
Here’s where things get tricky:
- Child support is tax-neutral (not deductible for the payor, not taxable for the recipient)
- Spousal support is taxable for the recipient and deductible for the payor (if paid under a court order or written agreement)
This makes proper calculation essential, and another reason why spousal support cases can get complicated fast.
Final Thoughts – How Do I Get or Defend Spousal Support in BC?
If you’re considering applying for or disputing spousal support, remember – it’s not automatic. The court must first be convinced that support is warranted based on the facts and the law. If entitlement is proven, the next step is determining how much and for how long—something that requires a thorough financial picture and legal advice. The government website has a nice summary
Whether you’re seeking support or may be asked to pay it, consulting with a family lawyer early on can make all the difference.
