Spousal support and property division can be two of the most difficult and emotionally taxing areas of family law for the client.
In British Columbia the determination of spousal support is a complex process because it involves the consideration of various factors including the occupation of each spouse during the marriage, the length of the marriage, age, physical health and the career potential of each party.
Spousal support may be awarded if it is determined that one party:
- Suffered an economic disadvantage during the marriage.
- Requires financial relief.
- Contributed to the care and upbringing of the children and family during the marriage.
One of the goals of spousal support is to promote the economic self-sufficiency of each spouse. But, sometimes the need for financial support of one spouse is enough for the court to award spousal support.
At the Quay Law Centre, we offer skilled representation in all matrimonial and related legal matters. To learn more about how we can help you with spousal support calculations and issues, contact us today to schedule a consultation at any of our locations.
The Spousal Support Advisory Guidelines
Once a spouse’s entitlement to spousal support is found, the Spousal Support Advisory Guidelines, using a mathematical formula, produces a range of the amount and duration of payable spousal support depending on the age of the spouses, their relative incomes and the length of the relationship. The guidelines do not provide a specific payment amount; rather, the range of the amount is used as a starting point and general guide for the judge who determines the spousal support amount.
Given that the circumstances of every marriage or common law marriage are unique, spousal support determinations can vary greatly from one case to another. When deciding who should pay support and how much it should be, a judge will usually consider the provincial Family Law Act and the Federal Divorce Act. If you were never legally married, your spousal support order will solely be based on the Family Law Act.
Spousal support is taxable to the recipient and deductible to the payor if the payments are periodic, e.g., monthly, and they are made pursuant to a separation agreement or a court order.
Often, disputes arise over whether, how much and for how long spousal support will be paid, and these disputes may need to be resolved by a court order.
At Quay Law Centre, we work to achieve positive outcomes for clients involved in spousal support proceedings in British Columbia. If you have questions about your liability or eligibility for support following a separation, our experienced family law lawyers can assist you.
It is important to seek legal guidance from a lawyer who has significant experience in these complex cases.
To schedule a consultation, contact Quay Law Centre online, or call us locally at 604-527-1161. We represent clients in the Metro-Vancouver area, including Surrey, Fraser Valley, Tri-Cities, Burnaby, Kelowna, and any other area throughout B.C., Canada and internationally.