Compensatory vs. Needs-Based Spousal Support in BC Explained

You may have set aside your own career to raise children or support your spouse's work. Or you may simply be unable to support yourself after the relationship ended. Both situations can lead to spousal support in British Columbia, but they rest on different ideas.

Lawyers often call these the compensatory basis and the needs-based basis. Knowing which one fits your situation helps you understand what you are asking for, and how it can shape the amount and the length of support.

This article covers the law of British Columbia.

How BC decides spousal support

If a spouse is entitled to support, the other spouse has a duty to provide it, and the amount and duration are then set under the Family Law Act. BC government guidance describes this as a process with two steps: first whether you are entitled, then how much and for how long.

The possible outcomes are no support, a lump sum, or regular payments for a set period. Under the Family Law Act, a spouse includes a former spouse, so you can claim support after the relationship has ended.

What compensatory support means

Compensatory support looks backward. It recognizes the economic advantages or disadvantages that came from the relationship or its breakdown, and it apportions between spouses the financial consequences of child care beyond child support.

Examples the government gives of what can show entitlement include child-care duties that limited your work and opportunities you sacrificed. If you stepped back from paid work so your spouse could advance, this is the kind of argument that may apply to you.

What needs-based support means

Needs-based support looks at your situation now. The Family Law Act objectives include relieving economic hardship from the breakdown and promoting the economic self-sufficiency of each spouse within a reasonable period of time. These objectives correspond to what people call hardship and self-sufficiency, or need.

Hardship from the separation is one of the examples of need that the government gives. In many real cases, more than one objective applies at once, so the two bases are not always separate boxes.

How the basis can affect amount and duration

The court decides amount and duration having regard to each spouse's condition, means, needs and other circumstances. These include how long you lived together, the functions each of you performed, and any agreement or order about support.

Under the Spousal Support Advisory Guidelines, time limits are more accepted where entitlement is largely non-compensatory, meaning transition. Highly compensatory cases tend toward the longer end of the duration range. The Guidelines are advisory only, are not legislated, and do not decide entitlement. The BC government says most lawyers and judges use them to help set the amount.

• Strong compensatory claim: duration tends toward the longer end of the range.
• Largely needs-based or transitional claim: a time limit is more readily accepted.
• Short relationship: awards are usually very limited, and small amounts are often converted to a lump sum or a very short transitional award.

The Guidelines also recognize exceptions for compensatory, interim, basic needs or hardship, and disability situations. Whether one applies to you depends on the facts.

What to do next

Start by writing down how the relationship affected your work and income, and what you need now. Then get advice before choosing a path.

• Gather income records for both spouses, and any records showing career changes or time out of work.
• Note who cared for children and how that affected your work.
• Check your deadline. A Family Law Act support proceeding must generally be started within 2 years after the date of separation for spouses in a marriage-like relationship, or within 2 years after the divorce judgment for married spouses.
• Ask about interim support if you need money while the case is pending.
• If you already have an order or agreement, ask whether it allows a review.

A family lawyer can tell you which basis fits your facts and whether the Guidelines range is likely to be a fair starting point.

Frequently asked questions