Spousal Support

In British Columbia, spousal support is calculated based on several factors such as the length of the marriage, the income of each spouse, the standard of living during the marriage, the age and health of each spouse, and the responsibilities each spouse has for any children.

The Spousal Support Advisory Guidelines (SSAG) provide a framework for determining the amount and duration of spousal support in British Columbia. However, these guidelines are not binding and the courts have discretion to deviate from them as necessary in individual cases.

To apply for spousal support in British Columbia, you must follow these steps:

1. Determine eligibility: To be eligible for spousal support, you must have been married or in a common-law relationship, and one partner must have a financial obligation to support the other.
2. File an application: You can file an application for spousal support in the Supreme Court of British Columbia or the Provincial Court of British Columbia.
3. Serve the application: Once you have filed the application, you must serve a copy on your spouse. This means delivering the document to your spouse in a way that gives them proper notice of the proceedings.
4. Response: Your spouse has the opportunity to file a response to your application, outlining their position on the matter.
5. Attend a hearing: If the matter cannot be resolved by agreement, a hearing will be scheduled in front of a judge to determine the amount and duration of spousal support.

It is recommended that you seek the assistance of a lawyer to navigate the legal process and ensure that your rights are protected.

While it is not required to have a lawyer when seeking changes to your spousal support order, having a lawyer can be helpful in several ways:

1. Legal knowledge: A lawyer will have a good understanding of the law and the legal process, which can be useful in making arguments for changes to your spousal support order.
2. Evidence gathering: A lawyer can assist you in gathering and presenting evidence to support your case for changes to your spousal support order.
3. Negotiation skills: A lawyer can help negotiate a settlement with your former spouse or their lawyer, which can be quicker and less expensive than going to court.
4. Representation in court: If the matter cannot be resolved by agreement, a lawyer can represent you in court, making arguments on your behalf and presenting evidence to support your case.

Overall, while it is not necessary to have a lawyer when seeking changes to your spousal support order, having a lawyer can be helpful in protecting your rights and ensuring a fair outcome.

The cost of applying for or changing spousal support can vary depending on several factors, including:

1. Legal fees: Hiring a lawyer to represent you in a spousal support matter can be expensive, with hourly rates ranging from $300 to $750 or more. The cost will depend on the complexity of your case and the experience of the lawyer.
2. Court fees: There are fees associated with filing an application for spousal support or making changes to an existing order, which can range from several hundred to a few thousand dollars.
3. Other expenses: There may be other expenses associated with a spousal support matter, such as the cost of preparing and serving documents, obtaining financial disclosures, and traveling to court.

It's important to keep in mind that the cost of a spousal support matter can be substantial and that there is no guarantee of success. You may want to consider alternative dispute resolution options, such as mediation or collaboration, which can be less expensive and less stressful than going to court.

In British Columbia, child support and spousal support are two distinct types of support payments that may be ordered by the court in a divorce or separation case.

Child support is a payment made by one parent to the other to help support the children of the relationship. Child support is based on the federal Child Support Guidelines and is calculated based on the paying parent's income, the number of children, and the amount of time each child spends with each parent. Child support payments are typically made until the child reaches the age of majority, or until a different arrangement is agreed upon by the parents.

Spousal support, on the other hand, is a payment made by one spouse to the other to help equalize their standard of living after separation. Spousal support is not calculated based on a set formula, but rather is based on factors such as the length of the marriage, the spouses' earning capacities, and their roles and responsibilities during the marriage. Spousal support can be paid for a specified period of time, or it can be paid indefinitely.

Both child support and spousal support are separate from property division, which involves the distribution of assets and debts between the spouses.

It is important to note that child support and spousal support are two separate obligations, and the fact that a parent is ordered to pay child support does not necessarily mean that they will also be ordered to pay spousal support. Each case is unique, and the court will consider the specific circumstances of each case when making an order for support.