If you are considering pursuing spousal support in your British Columbia divorce, you’re probably wondering how long you can expect to receive these payments if granted. There is no one-size-fits-all answer to “How long does spousal support last in BC?” The duration depends on your specific situation and what the court deems necessary based on the circumstances of your relationship.
Factors Affecting the Duration of Spousal Support
The judge overseeing your divorce case will consider many factors to determine whether your spouse owes you spousal support and, if so, how much and for how long.
- Marriage length: The amount of time you were married and lived together may impact the level of dependency you have on your spouse.
- Financial need: The judge will examine both of your incomes and the disparity between them to understand how the divorce will affect you financially.
- Ongoing childcare responsibilities: If you have shared children, the judge will consider their financial needs when determining how long you might need spousal support payments.
- Age and health of both parties: Your age and health impact the divorce’s effect on your financial situation. If you are above retirement age or in poor health, you may not have the means to return to work and begin generating income. A judge will consider this when determining how long you might need spousal support.
- Financial contributions and sacrifices: How did you and your spouse contribute financially to the marriage? Did one of you make financial sacrifices to help raise the children or complete household duties?
- Ability to be self-sufficient: Finally, a judge will examine your ability to be self-sufficient after the divorce as part of this court decision. They do not want the separation to leave you in financial hardship.
Can Spousal Support Be Indefinite?
How long does spousal support last in BC? In certain cases, the judge may grant spousal support indefinitely. One common example is the “rule of 65,” which is something you should bring up with your divorce lawyer.
Under this rule, if at separation, the amount of time a couple was married plus the age of the recipient spouse is equal to 65 or greater, spousal support would likely be indefinite. This indicates that the recipient is close to retirement age and/or has relied on their partner for some time.
However, “indefinite” does not mean “forever.” The recipient spouse is still responsible for making reasonable efforts toward self-sufficiency, and a future support review may find that the payments are no longer warranted.
What If Your Spouse Stops Paying?
If your spouse is under a court order or written agreement to provide spousal support, they must continue doing so until there is a change in the order, you reach a new written agreement, or they have fully met the conditions in the original agreement. If they stop providing support outside of these instances, you can seek court ordered relief or through enlisting the assistance of the BC Family Maintenance Agency.
We Can Explain How Long Spousal Support Lasts in BC
At Pier Law & Mediation, we often receive the question, “How long does spousal support last in BC?” We can evaluate the circumstances of your marriage to predict how long you might receive this payment. Contact us today at 604-560-8285 or fill out our contact form to connect with an experienced divorce lawyer.
