Spousal support
Spousal support lawyer in Surrey, BC
Spousal support is not automatic. The first question is entitlement, meaning whether there is a compensatory, contractual or needs based reason for support at all. Only if entitlement is established do the Spousal Support Advisory Guidelines suggest a range for amount and duration, and those guidelines are advisory rather than binding.
We advise both people who are seeking support and people who are being asked to pay it. Mandy Shergill has extensive experience with the two guideline formulas and with the arguments that move a case within, or outside, the suggested range.
The short version
Entitlement first, amount second. A long marriage where one person's career took second place is a strong compensatory claim. A short marriage between two people who each kept working and left with what they came in with often supports no claim at all.
Am I entitled to spousal support?
There are three bases. Compensatory, where one spouse's earning capacity was reduced by the roles taken during the relationship, typically caring for children or moving for the other's work. Contractual, where an agreement provides for support. Non compensatory, where one spouse has a genuine need and the other has the means to help.
Entitlement is a legal question, not a moral one. It does not depend on who ended the relationship or on anyone's conduct during it.
Does living common law count?
Under the Family Law Act, a spouse includes a person who lived with another in a marriage like relationship for at least two continuous years. For support purposes it also includes people who lived together for less than two years and have a child together.
There is a limitation period to watch. An unmarried spouse must start a claim within two years of the date of separation. A married spouse has two years from the date of the divorce order or an order of nullity.
How is the amount decided?
The Spousal Support Advisory Guidelines produce a range using the length of the relationship and the gap between the parties' incomes. There are two formulas: one for relationships without dependent children, and a different one where child support is also being paid, because child support is calculated first and comes off the top.
The range gives a low, mid and high figure. Where a case lands within the range depends on the strength of the compensatory claim, each person's needs and ability to pay, debt, health, and the property division.
How long does spousal support last?
Under the without child support formula, duration runs roughly from half a year to one year of support for each year of the relationship. Support is generally indefinite, meaning open to review rather than permanent, where the relationship lasted twenty years or more, or where the years of the relationship plus the recipient's age total sixty five or more.
Where child support is also being paid, duration is more often tied to the children's circumstances and the recipient's return to full earning capacity.
Can support be reviewed, changed or ended?
Yes. A material change in circumstances allows a variation: job loss, retirement, a significant income increase, illness, or the recipient becoming self supporting. Agreements can also build in a review at a set date or on a defined event.
Remarriage or a new common law relationship does not automatically end support, though it is a change of circumstances that often affects need and can reduce or end a non compensatory claim. A strong compensatory claim is more resistant to that argument.
“She is extremely knowledgeable, and an experienced family law lawyer. I would highly recommend her to those who are looking for an experienced family law lawyer to deal with all family law matters.”
How we can help
- 01 Advice on entitlement before any number is discussed
- 02 Spousal Support Advisory Guidelines calculations under both formulas
- 03 Negotiated agreements, including lump sum settlements and time limited support
- 04 Reviews and variations after job loss, retirement or a material income change
- 05 Releases of spousal support, drafted to survive a later challenge
- 06 Mediation where the range is agreed but the figure within it is not
The path a matter takes
Every file is different, but the shape is usually the same. Timings are typical, not promised.
01
First conversation
What has happened, what you want, and what the law actually allows.
Week one
02
Disclosure
Income, property and debt on the table for both sides. Nothing moves without it.
Weeks 2-8
03
Negotiation or mediation
Most matters resolve here, in writing, without a courtroom.
Months 2-6
04
Agreement or order
Terms signed, or filed with the court so they can be enforced.
On resolution
Frequently asked questions
Am I entitled to spousal support?
Entitlement has to be established before any amount is calculated. It can be compensatory, based on a career or earning capacity given up during the relationship, contractual, based on an agreement, or needs based. A gap in income alone does not create entitlement.
How is the amount decided?
The Spousal Support Advisory Guidelines suggest a range based on the length of the relationship and the income difference, with separate formulas depending on whether child support is also payable. The guidelines are advisory, not law.
How long does spousal support last?
Under the without child support formula, roughly half a year to one year of support for each year of the relationship. Support is generally indefinite, meaning reviewable, for relationships of twenty years or more.
Does a short marriage change things?
Considerably. A short relationship where both people worked and neither gave up earning capacity often supports no entitlement. Where it does, both the amount and duration are usually modest.
Does living common law count?
Yes. Living in a marriage like relationship for at least two continuous years makes you a spouse under the Family Law Act, and having a child together can qualify you for support after a shorter period.
What if my former spouse remarries?
It does not automatically end support, but it is a change in circumstances that can reduce or end a needs based claim. A compensatory claim is less affected.
Can support be reviewed or ended?
Yes, on a material change in circumstances such as job loss, retirement, illness or a significant income change. Many agreements also set a review date or a defined triggering event.
Is spousal support taxable?
Periodic spousal support paid under a written agreement or court order is generally taxable to the recipient and deductible to the payor. A lump sum is generally neither. Confirm the treatment of your specific arrangement with an accountant.
This page is general information about family law in British Columbia. It is not legal advice for your situation, and the law changes. Speak with a lawyer about the facts of your own matter.
