Spousal support, also known as alimony or maintenance, causes a lot of stress during the divorce process, both for the potential payor and for the potential payee. Nobody wants to be responsible for a burdensome payment for years. By the same token, nobody wants to find themselves at a complete financial loss just because the spouse whose career they contributed to for years doesn’t want to be married anymore.

We can help you negotiate a spousal support solution that both parties can live with. Our team has a number of different solutions that we can offer.

Making a Claim for Spousal Support

Either partner may make a claim for support if:

  • They were married, or
  • Were in a common-law partnership for two years, or
  • Were in a common-law partnership for less than two years, but had a child together.

There are three reasons why spousal support would be awarded.

  • Compensatory spousal support covers spouses who lose opportunities or suffer hardships as the result of the marriage breakdown. 
  • Contractual spousal support covers provisions laid out in an existing prenuptial agreement.
  • Needs-based support covers instances where one spouse has a demonstrable financial need and the other spouse has a demonstrable ability to pay.

Spousal support is not awarded to punish one spouse for the conduct of the other, or for revenge purposes. The gender of any partners does not matter. Rather, the role each played in the marriage might: for example, if one spouse stayed home and took care of the children at the expense of the career, then spousal support can help to address the resulting economic inequities that will arise from the dissolution of the divorce.  

You have just two days from the date of the separation to apply for spousal support. Spousal support is generally negotiated during the divorce process. 

Length of Support

Support generally lasts for ½ years to 1 year per one year of marriage, or can be paid in a lump sum. Lifetime awards are rare, though can occur when both parties are older and the marriage lasted for twenty years or more. 

The terms of spousal support may make it possible to review or extend spousal support after a certain period of time. In addition, there are circumstances that can end spousal support early. For example, spousal support can end if the payee remarries, or if there is a significant increase in the payee’s income. 

For the most part, the courts are looking to help spouses become as self-sufficient as possible after the support period ends. The ability of the spouse to reach self-sufficiency will factor into both the length of support and the amount of support. 

Amount Paid

British Columbia uses Spousal Support Advisory Guidelines. These guidelines are not the law, but are generally used as a starting point for spousal support negotiations. They closely follow the ways in which the courts are likely to award spousal support once the judge determines either spouse has grounds for support. 

Various factors go into the calculations, including:

  • The age of the recipient at separation.
  • Each spouse’s gross income, net income, and disposable income. 
  • If spouses are already living off of retirement income, the court need to impute income for the purposes of calculating spousal support. 
  • The roles of each spouse during the relationship. 
  • What the payee might realistically need to become self-sufficient.

If you would like a rough calculation on this starting number, you can visit MySupportCalculator.ca. As your family law attorneys we can also run the formula through our computers. There are also different formulas based on whether you and your spouse have children and what your custody and child support arrangements already look like. 

Note that the calculator can only provide a rough estimate that will not address all of the issues that may be present in your spousal support case. For example, if it becomes necessary to use imputed income you and your spouse might have wildly different ideas about how much money each of you are actually bringing in or have access to every month. This will become another issue and point of negotiation throughout the process. 

Alternative Solutions

Lump sum payments are an excellent solution for high net worth individuals who want to avoid writing a monthly check. It’s a good arrangement for the payee as well, as this guarantees the payee will get their money. 

You might also offer up an asset in return for avoiding spousal support, such as a rental property, shares in a business, or an investment account that could help your spouse get on their feet and stay on their feet. 

It’s also possible to negotiate on the length of support or the amount of support. For example you might offer a smaller monthly check in return for a longer spousal support duration, or a larger check in return for a shorter duration, depending on which solution might be best for your own life and finances. 

Spousal support is negotiable unless you and your ex proceed into divorce litigation. In litigation, the judge will make decisions. Negotiation leaves some power in your hands. We can tell you if spousal support is likely in your case, whether it’s worth fighting over, and how we can make it as painless as possible. We can’t guarantee that you’ll get everything you want or that you won’t have to pay, but we can guarantee that we’ll provide you with powerful options and workable solutions.

Get Help Today 

If you’re worried about spousal support, reach out to our experienced law team today. We help high net worth couples, business owners, entrepreneurs, and farmers negotiate divorce settlements that work. We’ve helped with thousands of high conflict divorces as well. Facing a gray divorce? We can help you protect your quality of life throughout the divorce process.  

Reach out to schedule an initial consultation today. You don’t have to face these issues alone. Call 1-604-504-8309 to get started today.