Are you in the middle of a divorce and are wondering if you’re entitled to spousal support?
Spousal support is a legal obligation that one spouse has to pay to another after a divorce. Spousal support can be paid in the form of alimony or maintenance. A spousal support lawyer can assist you with filing for spousal support, negotiating the amount of spousal support, and enforcing your rights if your spouse does not fulfill their obligation to pay.
If you are considering getting divorced and are unsure about how much spousal support you should receive or if you feel like your spouse is not fulfilling their obligations under the law, read on to learn why you should hire a spousal support lawyer.
Why Should You Hire a Spousal Support Lawyer?
When a couple separates, one spouse might receive payments known as spousal support, or alimony. Although it is typically paid on a monthly basis, spousal support may also be paid as a lump sum. The particulars of each case will vary, and several factors help determine a person’s ability to pay or receive payments.
The main purposes of spousal support are detailed in the Federal Divorce Act of Canada, with payments being made when one spouse:
- Missed out on career and/or educational opportunities because they were raising children or supporting the other spouse
- Is at an economic disadvantage due to the marriage
- Contributed to the financial advantage of the other spouse
Note that this support is meant to offer assistance, but a spouse who is receiving spousal support is under the obligation to become self-sufficient, provided they are reasonably able to do so.
Spousal support is not exclusively for married couples who are divorcing. A partner who was in a common law relationship may be entitled to spousal support, provided the relationship is found to have been “marriage-like” for a period of at least two years. There are several factors that are considered when making this determination, such as whether the couple lived under one roof, maintained an intimate relationship, financial agreements between them, and others which are beyond the scope of this article.
It is the sheer number of variables that can make each situation unique. Negotiations between parties require a firm understanding of the relevant facts and legal implications. With their knowledge and experience, a spousal support lawyer will ensure that you are treated fairly and that all applicable factors are weighed into the final outcome.
What is the Process for Claiming Spousal Support in BC, Canada?
Before you can go any further, you must first establish that you are entitled to receive spousal support. To do so, you must prove the following:
- You gave up opportunities that allowed your spouse to grow. For example, you left a career to move to a new location in support of your spouse.
- You are disadvantaged due to your marriage. Did you stay at home to raise your children, missing out on the opportunity to become self-sufficient? Perhaps you helped to finance your spouse’s schooling or training for their career. Whatever the reason, you are facing economic hardship as a result of your marriage.
- You are disadvantaged due to the breakdown of the marriage. With the marriage at an end, you will no longer be able to enjoy the same standard of living that you had during the marriage.
- You lack the means to afford the same quality of life. Your income may simply be too low to meet your needs.
Once you have established entitlement, you will need to determine the proper amount of spousal support. There are specific guidelines which provide 3 ranges of support based on the difference in net income between you and your spouse: low, medium, and high. The low range is often applied to marriages that lasted less than 10 years with no children involved, and the medium is applied to marriages between 10 and 15 years in length, with children. The high range is typically for marriages that lasted more than 15 years, or which had a large income disparity.
You will need to talk to your spouse about spousal support to see if you are able to agree on a suitable amount, as well as the duration of support. Unfortunately, this step does not always go smoothly, especially if there is animosity behind the divorce.
If you are unable to agree upon the terms of support, a mediator may be able to help you resolve the situation. If mediation proves ineffective, you may apply to either the Supreme Court of BC or the Provincial Court of BC to seek an order of spousal support.
This is when you should have a spousal support lawyer working for you. We will ensure that the proper steps are taken, and your best interests are being looked after. We will help you work through the process until it reaches a satisfactory conclusion.
If you are in the process of getting a divorce, Hillside Law will be there for you so that you can rest easy knowing that you will receive the spousal support you deserve. For more information about hiring a spousal support lawyer and how we will help you, please contact us today. We will be happy to answer all your questions.