How Long Does Spousal Support Last in British Columbia?

Whether you receive or pay spousal support, you probably want to know when it stops. There is no single answer, because duration depends on the facts of your relationship and any agreement or order you have.

This article covers the usual ranges, when support can be indefinite, and how reviews and changes work in British Columbia. It is general information and a lawyer can apply it to your case.

This article covers the law of British Columbia.

What the law says about duration

The Family Law Act says the amount and duration of support, if any, depend on 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. Neither the Family Law Act nor the Divorce Act sets a minimum length of marriage.

Possible outcomes include no support, a lump sum, or regular payments for a set period.

Fault is generally not considered. The 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.

Length-of-relationship ranges

The Spousal Support Advisory Guidelines are advisory, not law, but most lawyers and judges use them to help set the amount. In the guidelines' formula for cases without dependent children, duration is 0.5 to 1 year of support for each year of the relationship. The relationship is measured from the start of cohabitation, including pre-marital cohabitation, to the date of separation, not divorce.

For example, using the published formula as arithmetic only, a 10-year marriage gives a range of 5 to 10 years. That is a range, not a guaranteed entitlement.

Shorter relationships generally produce lower amounts and shorter durations. Short marriages without children usually produce very limited awards, sometimes none, even with a large income gap; small amounts are often converted to a lump sum or a very short transitional award.

When support is indefinite

Under the guidelines' formula without child support, duration is indefinite, meaning not time-limited, if the marriage is 20 years or longer, or if it lasts at least 5 years and the years of marriage plus the recipient's age at separation total 65 or more (the rule of 65). Indefinite does not mean permanent: such orders remain subject to review and variation.

Where the recipient has primary care of dependent children and child support is paid, the guidelines treat duration limits as soft, and initial orders are generally indefinite. In cases without child support, time-limited orders arise when the relationship is under 20 years and the rule of 65 does not apply.

Reviews and changes

• Review clause: an agreement or order may provide for a review of support, setting the timing, process, grounds and factors. On review the court can confirm, set aside or end support, or make a new order.
• Variation: a court may change, suspend or end support if there has been a change in either spouse's condition, means, needs or other circumstances, or if new substantial evidence or nondisclosure is discovered.
• Expired fixed term: support can resume only if the applicant shows economic hardship from changed circumstances that would likely have led to a different order.
• Pension benefits: if the agreement or order does not address review, and the payor starts to receive or the recipient becomes eligible for pension benefits, a court may confirm, change or end support.

Married spouses can also vary orders under the Divorce Act, which requires a change in circumstances.

A spousal support proceeding under the Family Law Act must 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 limit is paused during family dispute resolution with a professional, and it does not apply to reviews under sections 168 or 169. The Divorce Act, which applies to married or formerly married spouses, has no time limit for applying for spousal support, although delay can be considered as a factor.

Remarriage, retirement and what to do next

Whether a new relationship or remarriage ends or reduces support depends first on your order or agreement. The legislation does not end support automatically, and the payor must apply to change or end it. Retirement is a recognized ground for variation or review.

Do not simply stop paying. An order stays in force until changed by a court or agreement, and a payor who stops paying accrues arrears that remain enforceable.

• Read your order or agreement for end dates and review clauses.
• Keep records of income changes, retirement plans and new living arrangements.
• Ask a lawyer whether to apply for a review or variation before changing payments.

Frequently asked questions