Spousal Support Awards under BC Family Law Legislation
by Alison Ouellet
British Columbia Spousal Support awards come in various forms. Awards can be time-limited, permanent or reviewable. But what does all this mean? Is there ever any certainty as to how long the payor will be paying for? The simple answer is no.
A time -limited award for spousal support in BC means that the payor spouse will pay the recipient spouse for a defined period of time. The period can be defined in various ways including the number of years, or by the happening of a certain event such as the payor spouse’s retirement. This sounds straightforward enough, but the hitch is that the recipient spouse can apply to have this order varied; potentially extending the length of time that the payor spouse will pay him or her provided that he or she can prove a material change of circumstances.‚Äô Simply stated, a material change of circumstances is any significant factor that was unanticipated at the time the spousal support award was made which affects the needs of the recipient, the means of the payor and/or the general fairness of the award. An example would be a debilitating illness or inability to pursue employment for some reason out of the recipient’s control.
Similarly, a permanent award is not always permanent. Like time-limited awards they can be varied. In this case, a payor spouse may apply to court to have the award either limited in duration and/or reduced in quantum upon a material change in circumstances. Examples of a material change in circumstances may be illness; loss of employment; retirement; bankruptcy; a new family to support; or any combination of these and other factors.
Perhaps the most unpredictable of spousal support awards, are reviewable awards. Reviewable awards are becoming increasingly popular with BC courts and are generally made where it is unclear if or when a recipient spouse will become economically self-sufficient. Essentially, the court will order a quantum of spousal support to be paid for a defined period at which time either or both parties will be at liberty to apply to court to have the award reviewed. The difference between an application for review and an application for a variation is that the spousal support award continues to remain in effect pending a review. That means if the payor doesn‚Äôt apply for the review he or she must continue to pay indefinitely. Also, neither party is required to prove a material change of circumstances upon a review. Rather, the court is entitled to decide the issue afresh. In some situations, the court will provide directions to the judge who will be conducting the review in the future about what issues should be considered on a review. For example, reviewable awards are particularly useful in circumstances where it is unclear whether or not spousal support should be continued and if so in what amount so the Judge ordering the review may direct the reviewing judge to look at the recipient’s spouses efforts to obtain economic self-sufficiency by doing such thing as pursuing training and/or applying for jobs.
