Can You Get Spousal Support After a Short Marriage in BC

Sometimes, and usually briefly. Entitlement must be established, and where it is, the Spousal Support Advisory Guidelines' formula for spouses without children produces small amounts for a short period after a relationship under five years. The rule of 65 does not apply, and a lump sum is common.

A marriage that lasts two or three years raises a question the law answers with care, not a reflex. SiLaw Group Family Lawyers sees these files from both directions: the spouse who gave up a job for the relationship, and the spouse who fears a brief marriage has created a long obligation. This post covers how length enters the law in BC, entitlement after a short marriage, what the formula produces under five years, lump sums, and the exceptions that can change the picture. For the full framework, start with our spousal support services page.

Does the Length of the Relationship Matter in Law?

Yes. Section 15.2(4) of the Divorce Act directs the court to consider the condition, means, needs and other circumstances of each spouse, including the length of time the spouses cohabited. Section 162 of the Family Law Act makes the length of time the spouses lived together the first listed consideration in determining the amount and duration of support. The Spousal Support Advisory Guidelines turn that factor into arithmetic, and they count the entire period of cohabitation, including time living together before the wedding, ending at separation. A two-year marriage preceded by three years of living together is a five-year relationship for this purpose.

For unmarried couples in British Columbia there is a threshold before any of this applies. Under section 3 of the Family Law Act, a person is a spouse for support purposes if they lived with another person in a marriage-like relationship for a continuous period of at least two years, or for a shorter period if they have a child together. Our page on the two-year rule explains how that period is counted. Married spouses are spouses from the date of marriage.

Is There Entitlement After a Short Marriage?

Not automatically. Chapter 4 of the Guidelines states that they do not deal with entitlement, that a mere disparity of income does not automatically create it, and that there must be a finding or agreement on entitlement before the formulas are applied. The same chapter observes that many reported cases finding no entitlement involve atypical situations, with short marriages first on its list.

Entitlement is decided against the four objectives in section 161 of the Family Law Act and section 15.2(6) of the Divorce Act, which our page on spousal support entitlement sets out. A claim is compensatory where the relationship changed a spouse's earning path, and non-compensatory where the breakdown leaves a spouse in need. The Guidelines say that for short and medium relationships without children, support considerations are mostly non-compensatory: a transition from the shared standard of living back to what the recipient can sustain alone. A compensatory claim after a short marriage is possible, but it has to be proved on the facts.

What Does the Formula Produce for a Marriage Under Five Years?

Assuming entitlement, and where there are no dependent children, the Guidelines' without child support formula takes 1.5 to 2 percent of the difference between the spouses' gross incomes for each year of the relationship, and a duration of half a year to one year for each year. The Guidelines describe the result for marriages under five years as very small amounts for a very short duration, and say the formula will always generate time limits in these cases.

For a three-year relationship, the range for amount is 4.5 to 6 percent of the gross income difference, and the range for duration is one and a half to three years. For a four-year relationship, 6 to 8 percent, for two to four years. Those percentages illustrate how the published formula scales. They are not a quote, and the dollar figures depend entirely on the two incomes, which are often the real dispute. Our page on SSAG amount and duration explains how the ranges work.

The rule of 65, which removes the end date where the years together plus the recipient's age at separation total 65 or more, is available only where the relationship lasted five years or longer. The Guidelines explain that the law assumes short marriages generate only limited support obligations.