Questions about spousal support often arise quickly after a separation. You may be wondering whether you are entitled to receive support, whether you could be required to pay it, how much support may be appropriate, or how long payments could continue.
These questions can have a significant effect on your financial plans after separation. They can also become complicated when spouses have different incomes, one person stepped back from a career to care for children, income is difficult to determine, or the parties disagree about what is fair.
At Pathfinder Law, our family lawyers help clients understand spousal support under British Columbia family law and work toward practical, sustainable resolutions. We serve individuals and families in Abbotsford, Langley, Chilliwack, throughout the Fraser Valley, and across BC.
Spousal support is not automatic. The first question is whether there is an entitlement to support. Under BC law, the objectives considered include:
Spousal support is often addressed as part of a written separation agreement.
An agreement may specify:
BC’s Family Law Act permits spouses to make agreements about support, including circumstances in which payments may change or end. The Act also provides circumstances in which a court may set aside or replace certain support terms, including issues involving inadequate financial disclosure, vulnerability or lack of understanding when the agreement was made.
A support waiver or release can have long-term financial consequences. Before signing an agreement that deals with spousal support, it can be helpful to understand both the immediate effect of the proposed terms and how they could operate in the future.
Family lawyers and courts also commonly refer to the Spousal Support Advisory Guidelines, often called the SSAGs. These guidelines can provide ranges for the amount and duration of support in different circumstances.
The calculation may be affected by factors such as:
Where both child support and spousal support are at issue, BC law gives priority to the obligation to pay child support.
This can affect the amount of spousal support that may be available and is one reason support issues are often best considered as part of the overall financial picture after separation or divorce.
Timing can matter.
Under the BC Family Law Act, a spouse who was living in a marriage-like relationship generally must start a spousal support proceeding under that Act no later than two years after separation. For married spouses, the two-year period under the Family Law Act generally runs from the date a divorce judgment or an order declaring the marriage a nullity is made. The Act contains additional rules and exceptions that can affect these time periods.
If you are unsure whether a time limit applies to you, speaking with a family lawyer sooner can help you understand your options.
Legal advice can be especially useful when:
Spousal support can affect both your immediate finances and your longer-term plans. Our role is to help you understand the legal framework, identify the issues that matter in your circumstances, and assess practical options for moving forward.
Pathfinder Law can assist with:
Our approach is focused on clear advice, careful preparation and practical solutions that reflect the circumstances of each client.
Disclaimer: This page provides general information only and does not constitute legal advice. Every situation is unique. For guidance about your specific circumstances, contact Pathfinder Law for a complimentary consultation.