How Is the Amount of Spousal Support Calculated in British Columbia?
This answer covers the law of British Columbia.
Spousal support in British Columbia is not set by a single formula in the law, but most lawyers and judges use the Spousal Support Advisory Guidelines to help set the amount. The Guidelines are advisory only, and they do not decide whether you are entitled to support.
With no dependent children, the amount is 1.5% to 2% of the gross income difference for each year of marriage, up to a maximum of 50%. Duration is 0.5 to 1 year for each year of the relationship, but support is indefinite if the marriage lasts 20 years or longer, or at least 5 years and the years of marriage plus the recipient's age at separation total 65 or more. For example, with incomes of $100,000 and $40,000 and a 10-year marriage, the range is $9,000 to $12,000 per year, for 5 to 10 years. Where the recipient has primary care of children and child support is paid, a different formula gives the lower-income spouse 40% to 46% of combined net disposable income.
That result is a range, not a guaranteed entitlement. Short marriages without children often produce very limited awards, sometimes none. A lawyer can confirm how this applies to you.
Key takeaways
- The Guidelines are advisory only and do not decide whether you are entitled to support.
- With no dependent children, the amount is 1.5% to 2% of the gross income difference for each year of marriage, up to a maximum of 50%.
- Under the no-child formula, duration is 0.5 to 1 year for each year of the relationship, measured to the date of separation, but support is indefinite for marriages of 20 years or longer, or for marriages of at least 5 years where the years of marriage plus the recipient's age at separation total 65 or more.
- Short marriages without children often produce very limited awards, sometimes none, even with a large income gap.