Navigating the end of a relationship can be emotionally and financially challenging. In British Columbia, spousal support (sometimes known as “alimony”) is a legal right in certain cases, designed to address financial imbalances between partners after a relationship ends.
What Is Spousal Support?
Spousal support is a payment from one spouse (“payor”) to the other spouse (“recipient spouse”) after a separation or divorce. Its purpose is to:
- Recognize one spouse’s contributions to the relationship,
- Help a lower-earning spouse become financially self-sufficient,
- Address any economic hardship caused by the breakdown of the relationship.
Support can be paid by agreement, or it can be ordered by the courts under either the Family Law Act (for unmarried spouses) or the Divorce Act (for married spouses).
Who Is Entitled to Spousal Support?
In BC, you may be entitled to spousal support if:
- You were married and now separated, or
- You lived in a common-law relationship for at least three years, or had a child together.
There are three different bases of entitlement to spousal support:
- Compensatory Support: This type of support is intended to address any financial disadvantage the recipient spouse experienced as a result of their role in the relationship, such as giving up career opportunities or contributing to the payor’s success without fair compensation. “It is now well-settled law that spouses must compensate each other for foregone careers and missed opportunities during the marriage upon the breakdown of their union.” – Justice McLachlin, Bracklow v. Bracklow, [1999] 1 SCR 420, at para 1.
- Non-Compensatory Support: This is based on the recipient spouse’s financial need. Its purpose is to assist them in transitioning from the lifestyle they had during the relationship to a more independent standard of living after separation.
- Contractual Support: Though less common, this applies when there is a written or implied agreement between the parties that includes an obligation to provide spousal support.
How Is Spousal Support Calculated?
Once entitlement to spousal support has been established, the Spousal Support Advisory Guidelines (SSAGs) can be used to help determine the appropriate amount and duration of support. The amount and duration of spousal support are determined by considering the unique circumstances of each spouse. Key factors include:
- Each party’s financial situation, including income, assets, and expenses
- The length of the relationship
- The roles and responsibilities each spouse assumed during the relationship
- The recipient spouse’s needs in becoming self-sufficient, which may involve additional education, training, or support to re-enter the workforce
Support can be paid monthly or as a lump sum, depending on what’s agreed or ordered.