In British Columbia, spousal support (sometimes called “alimony”) is not automatic. Whether a spouse is entitled to support, and for how long, depends on a careful assessment under the Divorce Act (for married spouses) or the Family Law Act (for married and common-law spouses). The process involves determining entitlement, quantum (amount), and duration, guided by both legislation and the Spousal Support Advisory Guidelines (SSAGs).
What is Spousal Support?
Spousal support is a financial payment from one spouse to the other after separation or divorce. Its purposes are to:
- Compensate a spouse for economic disadvantages or lost opportunities arising from the relationship or its breakdown (e.g., career sacrifices for childcare)
- Address financial need or hardship resulting from the separation
- Promote the economic self-sufficiency of each spouse within a reasonable period
- Apportion the financial consequences of child care between the spouses
Who Can Apply for Spousal Support?
You may apply for spousal support if:
- You were married to the other party (Divorce Act or Family Law Act)
- You lived together in a marriage-like (common-law) relationship for at least two years, or for less than two years but have a child together (Family Law Act)
Am I Entitled to Spousal Support?
Entitlement is not presumed. The court will consider three main grounds:
- Compensatory: If you suffered economic disadvantage or made career/educational sacrifices for the relationship or family, you may be entitled to support as compensation.
- Non-compensatory (Needs-based): If you are in financial need as a result of the separation and your former partner has the means to pay, support may be awarded to relieve hardship.
- Contractual: If there is a marriage or separation agreement that provides for spousal support, the terms of that agreement may determine entitlement.
The court will also consider the length of the relationship, the roles and functions of each spouse, the effect of those roles on earning capacity, and any agreements between the parties.
How Much and For How Long?
Amount (Quantum)
The amount of spousal support is determined after entitlement is established. The Spousal Support Advisory Guidelines (SSAGs) are used as a reference point, but are not binding. The SSAGs provide ranges for both amount and duration, based on factors such as:
- The length of the relationship
- The incomes of both parties
- The presence and ages of children
- The roles and contributions of each spouse
Duration
There is no fixed rule, but the SSAGs provide the following general guidance:
- Without children: Duration is typically 0.5 to 1 year of support for each year of cohabitation/marriage. For relationships of 20 years or more, or where the recipient’s age plus years of cohabitation equals 65 (“Rule of 65”), support may be indefinite.
- With children: Duration is based on the longer of the length of the relationship or the time until the youngest child finishes high school (upper end), or until the youngest child starts full-time school (lower end).
Indefinite support does not mean permanent; it is subject to review and variation as circumstances change.
Factors Affecting Duration
- Length of the relationship: Longer relationships generally result in longer support.
- Age and health: Older or less employable recipients may receive support for longer.
- Childcare responsibilities: If a spouse stayed home to care for children, support may last until the children are independent.
- Self-sufficiency: The recipient is expected to make reasonable efforts to become self-sufficient.
Can Spousal Support Be Changed?
Yes. Spousal support can be varied or terminated if there is a material change in circumstances (e.g., job loss, retirement, remarriage, significant change in income). Either party may apply to court for a variation, or the parties may agree to a change.
Time Limits
- Divorce Act: No time limit to apply for spousal support.
- Family Law Act: Married spouses must apply within two years of the date of divorce or annulment; unmarried spouses must apply within two years of separation.
Enforcement
Spousal support orders and agreements can be enforced through the BC Family Maintenance Agency.
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Related Articles:
Filing for Divorce in British Columbia
Navigating Separation Agreements and Child Custody in British Columbia