Spousal Support

Spousal Support in British Columbia

Spousal support (sometimes called "alimony" or "maintenance") is financial support paid by one spouse to the other after separation. Unlike child support, spousal support is not automatic — it depends on the specific circumstances of the relationship and each person's financial situation.

Spousal support involves three distinct questions: Is there an entitlement to support? If so, how much should be paid? And for how long? Each of these questions requires careful analysis based on the facts of your situation.

Entitlement

Spousal support entitlement is generally based on one or more of the following:

• Compensatory

  One spouse made sacrifices during the relationship (such as leaving the workforce to raise children) that created an economic disadvantage after separation.

• Non-compensatory (needs-based)

  One spouse has a lower standard of living after separation and needs support to meet their basic needs, particularly after a long relationship.

• Contractual

  The parties agreed to spousal support in a marriage or cohabitation agreement.

The Spousal Support Advisory Guidelines (SSAG)

Once entitlement is established, the amount and duration of spousal support are often assessed using the Spousal Support Advisory Guidelines (SSAG). The SSAG provide formulas that generate a range of support amounts based on factors including:

• Each spouse's income
• The length of the relationship
• Whether there are dependent children
• The ages of the spouses

The SSAG are advisory, not mandatory, and the appropriate amount within the range depends on the specific facts. Courts consider the SSAG ranges as a useful starting point but can deviate based on the circumstances.

Duration of Support

Spousal support can be:

• Time-limited — for a defined period, often tied to the length of the relationship or the time needed for the recipient to become self-supporting
• Indefinite — in longer relationships or where the recipient is unlikely to become fully self-supporting
• Reviewable — set for a period with a review date to reassess the circumstances

"Indefinite" does not necessarily mean "forever." It means that no specific end date is set, and either party can apply to vary or terminate support if circumstances change materially.

Variation and Review

Spousal support can be varied if there has been a material change in circumstances — such as a significant change in either party's income, the recipient becoming self-supporting, retirement, or a new relationship. We help clients apply for variations and respond to variation applications.

How We Help

Spousal support is one of the more nuanced areas of family law. We help clients across Kamloops and Interior BC with:

• Assessing entitlement to spousal support
• Calculating support ranges under the SSAG
• Negotiating fair support arrangements
• Drafting spousal support terms in separation agreements
• Applying for or responding to court orders
• Varying existing support orders when circumstances change