If your spouse makes significantly more money than you, or you encounter a substantial financial need after the divorce, you may qualify for spousal support. This would obligate your spouse to send you a certain amount of money over a specific period after the end of the marriage. So, when do you qualify for spousal support in British Columbia? 

Basic Eligibility Criteria for Spousal Support 

If you want to claim spousal support during a divorce, you must first meet the basic eligibility criteria under the Family Law Act. One of the following must be true: 

  • You and your partner were married to each other. 
  • You and your partner lived in a marriage-like relationship for at least two years. 
  • You and your partner lived in a marriage-like relationship for less than two years but have a child together. 

These grounds imply that you and your spouse were financially co-dependent. As you can see, even if you were not legally married, you may still have the right to spousal support. 

If you were married, you must apply for spousal support within two years after filing an order for divorce. If you are unmarried and qualify for this form of support, you must apply within two years of the separation date

Three Types of Spousal Support and Their Requirements

When do you qualify for spousal support in British Columbia? The province recognizes three types of spousal support. Understanding the type that applies to your situation can help you determine your spousal support entitlement. 

  • Compensatory support: Compensatory support compensates you for the contributions and sacrifices you made to the marriage. For example, if you were the primary childcare provider or had other household responsibilities, compensatory support can help make up for your lower earning potential as a result. 
  • Non-compensatory support: Non-compensatory support is needs-based or dependency-based. It accounts for how the breakdown of the marriage may negatively affect your financial means. 
  • Contractual spousal support: If you and your spouse made any formal or informal agreements about spousal support, these would fall under “contractual support.” Perhaps you included details about spousal support in the Cohabitation or Marriage Agreement. Your spouse may be contractually obligated to provide it to you, but you still may need to negotiate what that support would look like. 

Factors a Judge Considers When Awarding Spousal Support 

Even with the above information in mind, the answer to “When do you qualify for spousal support in British Columbia?” isn’t always straightforward. Meeting the criteria for one of the types of spousal support won’t automatically mean your spouse owes it to you.

If your spouse does not agree with you about your need for support, you will need to leave the decision to a judge. The judge will consider all of these factors when determining your spousal support entitlement: 

  • Duration of relationship: Longer relationships may give rise to spousal support more frequently than short-term ones. 
  • Income disparity: Significant differences in income can impact spousal support obligations. This may indicate that one spouse heavily depended on the other financially. 
  • Marital roles and responsibilities: The roles each of you contributed to the marriage and within your family affect the need for spousal support. 

When Do You Qualify for Spousal Support in British Columbia? An Experienced Divorce Lawyer Can Help

If you need help answering the question, “When do you qualify for spousal support in British Columbia?” Pier Law & Mediation can assist. We can help you seek spousal support or combat a spouse’s request for this benefit, depending on your needs. Contact us today at +1-604-560-8285 or fill out our online form to schedule an appointment with our British Columbia divorce lawyers.