- 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, and shorter relationships generally produce lower amounts and shorter durations under the Guidelines.
- Unmarried partners can qualify as spouses after living together in a marriage-like relationship for at least 2 years.
If your marriage was short, you may wonder whether it counts at all. You may have heard that you need to be married for a certain number of years before support is possible.
British Columbia law does not set that kind of minimum. Length still matters, though, because it affects how much support is paid and for how long. This article explains how.
This article covers the law of British Columbia.
No minimum length of marriage
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 setting the amount and duration.
So a short marriage can still support a claim. Whether it does depends on things like the roles each spouse had, their needs and means, and any agreement or order about support.
Who counts as a spouse
Under the Family Law Act, a person is a spouse if married to another person, or if they have lived together 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 as a spouse if the couple has a child together. That child alternative does not apply to property or pension division.
How length affects amount and duration
The court considers how long the spouses lived together, along with their condition, means, needs and other circumstances. The Spousal Support Advisory Guidelines are advisory only, not legislated, and do not decide entitlement. Even so, most lawyers and judges use them to help set the amount.
Under the Guidelines, shorter relationships generally produce lower amounts and shorter durations. Where there are no dependent children, the formula uses 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 of support for each year of marriage.
Length is measured from the start of cohabitation, including pre-marital cohabitation, to the date of separation, not the date of divorce.
| Situation | How length can matter |
|---|---|
| Shorter relationship | Generally lower amounts and shorter durations |
| Relationship under 20 years | Support is generally time-limited unless the rule of 65 applies |
| Marriage of 20 years or longer | Duration can be indefinite, subject to review and variation |
Short marriages in practice
The Guidelines' user's guide says 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.
There are exceptions. They include compensatory, basic needs or hardship, and disability situations. For interim support, there is also an exception for compelling financial circumstances in short marriages.
What to do next
Work out your dates first, because length and deadlines both depend on them. Spouses can be separated while still living in the same residence.
- Write down when you started living together, when you married, and when you separated.
- Collect income records for both spouses.
- Note any child care or career sacrifices you made.
- 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 a divorce judgment for married spouses.
- Ask a lawyer whether the Guidelines range is likely to apply to your situation.
Frequently asked questions
Can I get spousal support after a very short marriage?
It is possible, because there is no minimum length of marriage. However, short marriages without children usually produce very limited awards, sometimes none.
Do common-law partners count?
Yes, if they lived together in a marriage-like relationship for a continuous period of at least 2 years. For spousal support, a couple with a child together may also qualify before reaching 2 years.
Does time before we married count?
Under the Guidelines, length of relationship runs from the start of cohabitation, including pre-marital cohabitation, to the date of separation.
How long will support last?
It depends on the facts. Under the Guidelines formula without child support, duration is 0.5 to 1 year for each year of marriage, and it may be indefinite after 20 years or under the rule of 65.
Sources
- Family Law Act, SBC 2011, c 25, s. 3(1) — bclaws.gov.bc.ca
- Family Law Act, s. 162 — bclaws.gov.bc.ca
- Department of Justice Canada – Spousal Support Advisory Guidelines (July 2008), Executive Summary — justice.gc.ca
- Province of BC – How is spousal support decided? — www2.gov.bc.ca
- Department of Justice Canada – SSAG Revised User's Guide (2016) — justice.gc.ca
- Family Law Act, s. 198(2) — bclaws.gov.bc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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