This is a common question that we get asked often: how do I get spousal support from my ex?
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 an order for child support there are no guarantees that you will qualify to obtain spousal support.
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.
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. It is important to note that spousal support is not meant to be a permanent payment, but rather a temporary measure to help the lower-income spouse get back on their feet.
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.
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.