Spousal Support

Spousal support is a financial payment that one spouse may be obligated to pay to the other spouse after a separation or divorce. It is designed to address the financial imbalance that can occur as a result of marriage or a long-term relationship. In British Columbia, spousal support is governed by the Federal Divorce Act and the Family Law Act.

One of the key factors that determines the amount and duration of spousal support is the concept of marital hardship. Marital hardship occurs when one spouse has made sacrifices or suffered financially as a result of the relationship, and is therefore in need of financial support from the other spouse. In determining the amount and duration of spousal support, the court will consider a number of factors, including the length of the marriage or relationship, the roles each spouse played during the relationship, and the income and earning potential of each spouse.

Another important factor in determining spousal support is the ability of the spouse receiving support to become self-sufficient. If the spouse receiving support has the ability to become self-sufficient through education, training, or employment, the court may limit the duration of support.

In BC, spousal support can be either payable on a periodic basis (such as monthly), or as a lump sum. Periodic spousal support is typically paid until the recipient spouse becomes self-sufficient, the payor spouse dies, or the recipient spouse remarries. Lump sum spousal support, on the other hand, is a one-time payment that is intended to provide financial support for a specific period of time.

It’s important to note that spousal support is not automatic, and must be claimed by the spouse seeking support. Spousal support can be agreed upon by the spouses themselves, or it can be determined by the court after a trial. In either case, it’s a good idea to seek the advice of a family law lawyer to ensure that your rights and interests are protected.

In conclusion, spousal support is a complex and often emotional issue in family law. If you’re facing a separation or divorce in BC and are concerned about spousal support, it’s important to understand your rights and obligations under the law, and to seek the advice of a family law lawyer. With the right support and guidance, you can ensure that your financial interests are protected, and that you receive the financial support you need to move forward after a separation or divorce.

To learn more or to discuss your specific situation, please call one of our experienced lawyers at 604 265 8400 or filling out the online contact form.

Written by Sumit Ahuja

#familylaw #property #divorce #lawyer #lawfirm #divorcelawyer

By InderB|2023-04-19T21:25:29+00:00April 19th, 2023|Family Law|0 Comments

Divorce can be a very challenging time.

Our goal is to assist you in protecting what matters most to you: Your family and your interests.

If we can do this through an uncontested, amicable divorce and your spouse’s lawyer, then we can help with the ADR (Alternative Dispute Resolution) process. However, this is not always possible for every divorce and separation situation. If not, then we are willing to litigate your case to help resolve outstanding issues on your behalf.

The first step is booking an appointment so we can discuss your situation.

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Unlike child support, the extent of spousal support (often referred to as alimony), can be difficult to measure. Even Though the Department of Justice in Canada has established the Spousal Support Advisory Guidelines, these guidelines do not have the force of law and, as a substitute, present flexible ranges rather than a set amount of spousal support. It is also crucial for any spousal support agreement to address matters such as: duration and form of payment, re-marriage and unemployment. For these reasons, it is critical to receive legal advice about spousal support early in the process of separation, in order to ensure that you understand and protect your rights.

Lawyers at Origin Law Group strongly believe in empowering our clients through education. We thoroughly review spousal support entitlements with our clients, in order to ensure they are able to make educated and informed decisions. All of our lawyers emphasize good lawyer-client communication and treating the client with the highest respect. We advocate for the best possible spousal support arrangements for our clients and are not reluctant to get tough when necessary.

Entitlement to Spousal Support
The courts will consider a number of factors when deciding if an individual is entitled to spousal support, such as:
●the financial means and needs of both spouses;
●the length of the marriage or common-law relationship;
●the roles of each spouse during their marriage or common-law relationship;
●the effect of those roles and the breakdown of the relationship on both spouses’ current financial positions;
●the care of the children;
●the goal of encouraging a spouse who receives support to be self-sufficient in a reasonable period of time; and
●any orders, agreements or arrangements already made about spousal support.

If necessary, we will also assertively litigate on your behalf in order to ensure the best possible outcome of your case.

By InderB|2022-02-15T23:34:41+00:00February 15th, 2022|Comments Off

Spousal Support