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Family Law

SPOUSAL SUPPORT

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Spousal support, also known as alimony or spousal maintenance, is financial assistance paid by one spouse to the other following separation or divorce. The goal of spousal support in British Columbia is to help the recipient maintain financial stability and address economic disadvantages that may have resulted from the marriage. At Skyline Law Corporation, our family lawyers in Surrey and Vancouver provide expert guidance on spousal support entitlement, calculation, modifications, and enforcement.

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Key Aspects of Spousal Support​:

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Legal Framework:​

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  • In British Columbia, spousal support is governed by the Divorce Act (Canada) and the Family Law Act.

  • Courts consider both spouses’ financial situations, the length of the marriage, and any agreements made between the spouses


​Courts consider various factors when determining spousal support, including:​

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  • Length of the marriage or relationship

  • Roles played during the marriage (e.g., caregiver, breadwinner)

  • Financial needs and resources of both spouses

  • Standard of living during the marriage

  • Age and health of both parties

  • Any economic disadvantage suffered by the recipient (e.g., sacrificing career for family)
     

Calculating Support:

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  • There is no fixed formula for calculating spousal support; however, the Spousal Support Advisory Guidelines provide ranges and considerations.

  • The court may consider both the recipient's needs and the payer's ability to pay.
     

Modification and Termination:

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  • Spousal support can be modified if there is a significant change in circumstances (e.g., job loss, change in income).

  • Support obligations may also terminate upon the recipient’s remarriage or cohabitation with another partner.
     

Enforcement:

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  • If a spouse fails to pay the ordered support, the recipient can seek enforcement through the Family Maintenance Enforcement Program (FMEP), which can take actions like wage garnishment.
     

How We Can Help

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Spousal support is a critical component of financial stability after divorce or separation. At Skyline Law Corporation, our family law lawyers in Surrey and Vancouver assist clients with:

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  • Determining fair spousal support payments.

  • Modifying spousal support due to financial changes.

  • Enforcing unpaid spousal support through legal action.

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If you need legal advice regarding spousal support, contact our family law team for a consultation at https://www.skylinelaw.ca/contact-us

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