Spousal support is available to people who were married and in a common law relationship for at least two years. There is no automatic right to spousal support in British Columbia. To qualify for spousal support, a person must firstly be considered a “spouse” under the Family Law Act. Secondly, a spouse seeking support must show entitlement to support based on a variety of factors. Some of those factors include whether a spouse took time out of the workforce to stay home with the children and sacrificed their career advancement for the other spouse.

The amount of support a spouse has to pay and the length of time they have to pay it can vary depending on the length the spouses were married, the role each person had the relationship, their relative incomes, and whether there are children. When awarding spousal support, the Courts will often refer to the Spousal Support Advisory Guidelines to determine the proper amount.

While spousal support is often paid monthly, in some cases the courts may award spousal support as a “lump sum”.

The law around spousal support gives the court much discretion and legal advice on spousal support is highly recommended.