Was your soon-to-be ex-spouse the breadwinner throughout your marriage, or did your significant other make a lot more money than you during your relationship, even though you both worked?
If you answered “yes” to either of these questions, you may wonder, “When do you qualify for spousal support in BC?” Learn more about spousal support eligibility and how it may affect the terms of your divorce below.
Who Is Entitled to Spousal Support in BC?
Before we answer the question, “When do you qualify for spousal support in British Columbia?” we should first answer another: “Who is entitled to spousal support in BC?”
As the term would suggest, spousal support is available to spouses going through a divorce. More specifically, it’s open to spouses expected to deal with economic disadvantages following their divorce proceedings. If they demonstrate a true financial need stemming from divorcing their spouse, they can qualify for spousal support.
However, you may be unaware that those going through the divorce process are not the only ones in a legal position to seek spousal support. Under British Columbia’s Family Law Act, spousal support is also open to those separating spouses who were in live-in or “marriage-like relationships.”
The only stipulation is that those seeking spousal support in these situations must apply within two years of separating. The Canadian federal Divorce Act, meanwhile, doesn’t impose a deadline on such applications.
When You Qualify for Spousal Support in British Columbia
Not everyone who goes through a divorce or a separation after a long-term relationship is automatically eligible to receive spousal support. So, when do you qualify for spousal support in BC?
You’ll need to meet certain spousal support guidelines to start receiving payments from your ex-partner regularly. Eligibility is determined by considering the following:
- Did either or both of you realize any economic advantages or disadvantages arising from the relationship or its breakdown?
- Were there any financial consequences arising from the care of your child, beyond the duty to provide support for the child, which should be apportioned between you both?
- Is there any economic hardship of either of you arising from the breakdown of the relationship?
- Will spousal support, as far as practicable, promote the economic self-sufficiency of each of you within a reasonable period of time?
How Much Spousal Support Are You Entitled to?
If you check the right boxes when it comes to qualifying for spousal support, you will put yourself in a position to begin collecting the financial assistance you need. However, in addition to answering the question, “When do you qualify for spousal support in BC?” you must determine how much spousal support you’re entitled to receive.
This is often easier said than done. Unfortunately, there is no surefire way to calculate exactly how much compensatory support you’re entitled to. However, a few key factors will greatly affect how much spousal support you’re awarded.
These factors include the following:
- The difference between your income and your ex-partner’s income.
- The amount of time you and your ex-partner were married or involved in a “marriage-like relationship.”
- The child custody and child support arrangements you and your ex-partner have agreed to.
During spousal support hearings, a judge makes every effort to consider the bigger picture and evaluate people’s assets and debts objectively. Also, the Spousal Support Advisory Guidelines influence and guide the judge’s decision.
Each of these factors is carefully considered before a judge renders a ruling on spousal support.
Reach Out to Us for Help With Spousal Support Issues in British Columbia
There isn’t always a clear-cut answer to the question, “When do you qualify for spousal support in BC?” Therefore, it’s a good idea to have an experienced British Columbia divorce lawyer or mediator from Pier Law & Mediation in your corner to help deal with spousal support issues. Give us a call at 604-560-8285 or contact us online today to speak with one about your separation or divorce in BC.
