How is spousal support decided in British Columbia?

Entitlement comes first

Both the Divorce Act and BC's Family Law Act set the same four objectives: to recognize the economic advantages and disadvantages the relationship and its breakdown produced, to share the financial consequences of caring for the children beyond child support, to relieve economic hardship from the breakdown, and, as far as practicable, to promote each spouse's self-sufficiency within a reasonable time. A spouse who gave up a career to raise children, or whose standard of living falls sharply at separation, usually meets this test. A short relationship between two self-supporting people usually does not.

Misconduct in the marriage is not a factor. The Divorce Act says so expressly.

Amount and duration

Once entitlement is shown, the court weighs the condition, means, needs and other circumstances of each spouse, including the length of time they lived together, the functions each performed, and any agreement or order about support. Support can be periodic, a lump sum, or both, for a fixed or indefinite period.

The Spousal Support Advisory Guidelines

The Advisory Guidelines, published by the federal Department of Justice, are not law, but BC courts use them routinely as the starting point for amount and duration. They produce a range from the spouses' incomes, the length of the relationship and whether child support is also being paid. Where in the range a case lands, and whether to step outside it, depends on the facts. Our support calculator applies the same formulas.

Who can claim, and by when

Married spouses can claim under either Act. Unmarried spouses claim under the Family Law Act, which treats a couple as spouses once they have lived in a marriage-like relationship for two continuous years, or sooner if they have a child together. A married spouse must start a claim within two years of the divorce order; an unmarried spouse within two years of separation.

Agreements about spousal support

Spouses can agree on support, including a release of all support, and an agreement filed in court is enforceable like an order. A court can set aside a witnessed agreement only for non-disclosure, improper advantage of a vulnerable spouse, a spouse not understanding the agreement, or ordinary contract grounds, or where the agreement has become significantly unfair in light of changed circumstances and the support objectives.