How Long Must You Be Married to Get Spousal Support in British Columbia?

If your marriage or relationship was short, you may wonder whether you can claim spousal support at all, or whether you have to be together for a certain number of years. The answer is more flexible than many people expect.

This article explains whether British Columbia has a minimum length, who counts as a spouse, and how the length of the relationship tends to shape the amount and the duration of support.

This article covers the law of British Columbia.

There is 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 the amount and duration of support.

The Family Law Act says the amount and duration of support, if any, must take into account each spouse's condition, means, needs and other circumstances, including how long the spouses lived together, the functions each performed during the relationship, 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 with another person 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 division or pension division.

• Married spouses can claim support, including after the relationship has ended, because a spouse includes a former spouse.
• Unmarried partners claim spousal support under the Family Law Act, not the Divorce Act.
• Spouses can be separated while still living in the same home, and a court may treat a communicated intention to separate permanently, or an action showing it, as evidence of separation.

How length affects amount and duration

The Spousal Support Advisory Guidelines are advisory only and not law. Under the formula used where there are 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 of support for each year of marriage.

The length of the relationship runs from the start of cohabitation, including pre-marital cohabitation, to the date of separation, not divorce. Overall, shorter relationships generally produce lower amounts and shorter durations.

Support can also be indefinite. Under that formula, duration is 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. Time-limited orders arise when the relationship is under 20 years and that rule of 65 does not apply.

Short relationships in practice

Short marriages without children usually produce very limited awards, sometimes none, even where there is a large income gap. Small amounts are often converted to a lump sum or a very short transitional award.

Length is not the only thing that matters. Exceptions to the formula include compensatory, interim, basic needs or hardship, and disability situations. Where compelling financial circumstances exist in a short marriage, interim support may be ordered even though final support might be limited.

Fault generally does not matter. Who ended the relationship, or an affair, is not considered, with a narrow exception for conduct that arbitrarily or unreasonably causes, continues or worsens the need for support or affects ability to pay.

Deadlines and next steps

A spousal support proceeding under the Family Law Act must be started within 2 years after the date a divorce judgment is made for married spouses, or within 2 years after the date of separation for spouses in a marriage-like relationship. That limit pauses while the spouses are in family dispute resolution with a professional or in a prescribed process, and it does not apply to reviews of spousal support under sections 168 or 169. The Divorce Act has no time limit for a married or formerly married spouse to apply, although delay can be considered.

• Write out your timeline: when you began living together, married, and separated.
• Note whether you have a child together, since that can matter for unmarried partners.
• Collect income records for both of you and any written agreements.
• Record career or education choices you made because of the relationship.
• See a lawyer promptly, because the deadline can run from separation.

Frequently asked questions