SPOUSAL SUPPORT

What is spousal support?

Spousal support, sometimes called alimony or maintenance, are the payments made by one spouse to the other spouse after a relationship ends. The objectives are set out in section 161 of British Columbia’s Family Law Act:


  1. to recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship;
  2. to apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child;
  3. to relieve any economic hardship of the spouses arising from the breakdown of the relationship between the spouses;
  4. as far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.


Spousal support is not payable every time a relationship ends. Common reasons include one spouse taking on a domestic role in the relationship (i.e. a homemaker or stay-at-home parent) or one person having a disability and not being able to make ends meet after separation.

How much spousal support will I receive or pay?

While not binding law, courts in British Columbia routinely use the Spousal Support Advisory Guidelines, sometimes abbreviated as the SSAG, which sets out a formula for calculating spousal support. The amount and duration of support is based on the income of each party, the length of the relationship, and is sometimes modified if one person is paying child support to the other. A longer relationship and a large difference in incomes will lead to a higher spousal support payment.

SPOUSAL SUPPORT AND DETERMINATION OF INCOME

Precise determination of income for spousal support purposes is critical, though not always straightforward. Virgin Law Group tackles the complex issues involved in defending or questioning a stated amount of income, and we look beyond reported income values.


We work with a trusted network of resources, including forensic accountants and investigators, to create an accurate analysis of the other spouse’s income and assets. The investigation may include title searches for real estate or vehicles the other party owns but has not revealed.


If we find evidence that the other party has significant unreported income or hidden assets, the court can impute an actual income level that better reflects that spouse’s financial reality. We may also defend a client’s stated income.


With your financial future at stake, we dig deeper, and our lawyers regularly achieve positive outcomes for clients on both sides of this complicated matter.

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What happens if my income increase on decreases?

If there has been a material change of circumstances, spousal support may change. Common examples of a material change are a person receiving a raise at work, starting a new job, retiring, or a sudden loss of employment. This may require an application or an amendment to a court order or separation agreement so that the monthly payment is set properly according to a person's income.

How do I claim or defend against a claim for spousal support?

Spousal support can be ordered by the court or can be negotiated out-of-court. Virgin Law Group has many experienced family lawyers who can advise you on both bringing and defending against spousal support applications. Virgin Law Group’s family lawyers can also help you negotiate a fair settlement of a claim for spousal support.

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