How Do I Get Spousal Support From My Ex in BC?

Author: SiLaw Group Family Lawyers
Published: Feb 28, 2023
Read Time: 2 min read

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This is a common question that we get asked often: how do I get spousal support from my ex?

The short answer: in British Columbia there are three routes to spousal support — a negotiated separation agreement, mediation, or a court application under the federal Divorce Act or BC's Family Law Act. Which route fits depends on your circumstances and on whether you and your former spouse can reach an agreement.

What Is Spousal Support?

Spousal support is a payment made by one spouse to the other after a divorce or separation. The purpose of spousal support is to provide financial assistance to the lower-income spouse and help them maintain the standard of living they had during the marriage.

Unlike child support, entitlement to spousal support is not automatic.

In British Columbia, spousal support can be ordered by a court or agreed upon between the spouses. Spousal support is not always awarded in every case, and it is typically only granted when one spouse earns significantly more than the other.

How to Get Spousal Support in BC: Three Routes

1. Separation agreement: You and your former spouse can negotiate the amount and duration of support and record it in a written separation agreement.

2. Mediation: A neutral family mediator can help you negotiate support terms without going to court — usually faster, more private and less costly than litigation.

3. Court application: If you cannot agree, you can apply to court for a spousal support order. Married spouses who are divorcing can apply under section 15.2 of the federal Divorce Act. Married spouses who are not seeking a divorce, and unmarried spouses — people who have lived in a marriage-like relationship for at least two years, or who have a child together — apply under Part 7 of BC's Family Law Act (see s. 160).

Whichever route you take, lawyers and judges commonly refer to the Spousal Support Advisory Guidelines for ranges of amount and duration. The Guidelines are not law, but judges often base their spousal support decisions on them.

When BC Courts Order Spousal Support

The following are some situations where a higher income earner may have to pay spousal support in British Columbia:

Income disparity

If there is a significant income disparity between the spouses, the higher-earning spouse may be required to pay spousal support. The amount of spousal support will depend on the income difference between the spouses and the length of the marriage.

Length of marriage

In British Columbia, the longer the marriage, the more likely it is that spousal support will be ordered. This is because the lower-income spouse may have given up opportunities to pursue their own career to support the higher-earning spouse during the marriage.

Standard of living

If the lower-income spouse was accustomed to a certain standard of living during the marriage, the court may order spousal support to ensure that they can continue to maintain that standard of living after the divorce.

Age and health

The court may also consider the age and health of the lower-income spouse when deciding whether to award spousal support. If the lower-income spouse is elderly or has health issues that prevent them from working, the court may be more likely to order spousal support.

Childcare responsibilities

If the lower-income spouse is responsible for the care of young children, the court may order spousal support to help them meet the costs of childcare.

Career sacrifices

If the lower-income spouse sacrificed their own career opportunities to support the higher-earning spouse during the marriage, the court may be more likely to order spousal support.

How Long Does Spousal Support Last in BC?

The length of spousal support will depend on the individual circumstances of the case, and may be ordered for a set period of time or until the lower-income spouse is able to support themselves. Where no child support is payable, the Spousal Support Advisory Guidelines suggest a duration of between half a year and one year of support for each year of marriage. Support may instead be indefinite — meaning no end date is set at the time of the order, not that it lasts forever — where the marriage lasted 20 years or longer, or where it lasted at least five years and the years of marriage plus the recipient's age at separation total 65 or more (the "rule of 65", which does not apply to marriages under five years). Different durational rules apply where child support is also being paid. Indefinite support remains subject to the normal processes of review and variation, which can later impose a time limit or end it altogether.

Spousal support is a complex issue that depends on many factors. If you are going through a divorce or separation in British Columbia and are concerned about spousal support, it is important to seek the advice of one of our experienced Surrey based family lawyers at SiLaw Group Family Lawyer who can help you understand your rights and obligations. Call us at (778) 381-9977 today to book your free 30 minute consultation by the phone, video conference or in person. No strings attached.

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