Am I Entitled to Spousal Support in British Columbia?

If you are separating, one of the first money questions is whether you can claim spousal support, or whether your spouse might claim it from you. The answer depends on your relationship, your finances, and what each of you gave up or gained along the way.

This article explains how British Columbia law approaches entitlement in plain words. It is general information, not advice about your situation, and a lawyer can apply the rules to your facts.

This article covers the law of British Columbia.

Are you a spouse under the law?

Under the Family Law Act, you are a spouse if you are married, or if you have lived with someone in a marriage-like relationship for a continuous period of at least 2 years.

There is an exception for spousal support. An unmarried partner who has not reached 2 years of marriage-like cohabitation can still qualify if the couple has a child together, but that child alternative does not apply to property or pension division.

A spouse includes a former spouse, so you can claim support after the relationship has ended. Married spouses seeking a divorce-related order can also use the Divorce Act, while unmarried partners in BC claim spousal support under the Family Law Act, not the Divorce Act.

Spouses can be separated while still living in the same residence. A court may treat as evidence of separation a spouse's communication of an intention to separate permanently, or an action showing that intention, which can matter when proving when a marriage-like relationship began and ended.

The two-step question: entitlement, then amount

BC government guidance describes spousal support as decided in two steps. First, is the person entitled? Then, how much and for how long? The possible outcomes are no support, a lump sum, or regular payments for a set period.

If a spouse is entitled to support after the court considers the objectives in the Family Law Act, the other spouse has a duty to provide it.

What a court looks at

The Family Law Act sets four objectives for spousal support:

• recognizing the economic advantages or disadvantages that came from the relationship or its breakdown (often called compensation)
• sharing the financial consequences of child care beyond child support
• relieving economic hardship from the breakdown (need)
• promoting each spouse's economic self-sufficiency within a reasonable period of time

Examples the province gives include child-care duties that limited someone's work, sacrificed opportunities, and hardship caused by the separation.

For amount and duration, the court looks at each spouse's condition, means, needs and other circumstances, including how long the spouses lived together, the functions each performed, and any agreement or order about support. The Divorce Act sets out a similar list of factors and objectives for married spouses.

The Spousal Support Advisory Guidelines are advisory only, and they do not decide entitlement, which must be established under the Family Law Act or Divorce Act before any formula applies. BC's government says they are not law, but most lawyers and judges use them to help set the amount.

Does fault matter?

Generally, no. A BC court must not consider a spouse's misconduct, except conduct that arbitrarily or unreasonably causes, continues or worsens the need for support, or affects ability to pay. Government guidance says who ended the relationship, or an affair, is not considered.

Under the Divorce Act, a court cannot consider misconduct in relation to the marriage when making a spousal support order.

Short relationships, timing and next steps

Neither the Family Law Act nor the Divorce Act sets a minimum length of marriage for spousal support. Length of cohabitation is one factor in amount and duration. Short marriages without children usually produce very limited awards under the advisory guidelines, sometimes none.

Time limits matter. A Family Law Act spousal support proceeding must generally be started within 2 years after the divorce judgment for married spouses, or within 2 years after separation for spouses in a marriage-like relationship. That period pauses while the spouses are in family dispute resolution with a professional or in a prescribed process.

While an application is waiting to be decided, a court under the Family Law Act may make an interim order for the relief sought.

• Write down the date you began living together, married and separated.
• Gather income records, tax returns and details of any support agreement.
• Note career changes or time away from work because of child care or the relationship.
• Check your deadline early, and speak with a lawyer before it passes.

Frequently asked questions