BC Alimony or Spousal Support
Alimony or spousal support may be granted in a dissolving marriage or marriage-like relationship, but it is not guaranteed. The court considers the totality of circumstances when deciding whether to order spousal support, what type and how much.
YLaw regularly handles high net-worth divorces that involve the division of businesses, professional degrees, high incomes and valuable assets. Often, one spouse sacrificed a career to care for children or to support her or his spouse’s advancement, making spousal support likely. Our award-winning lawyers had a 90% success rate in trial in 2014 and 2015. We carefully review your case and counsel you on alimony or spousal support issues. Our goal is to put you in the best position possible with respect to paying or receiving spousal support.
Types of Spousal Support
Whether the court orders alimony or spousal support depends upon a variety of factors, including length of the relationship, contributions to the relationship and agreements you made with your spouse. The court also considers age, sex, education, skills and other issues that affect your and your spouse’s chances of finding employment. The court may order compensatory, non-compensatory or contractual support, a combination of these types, or no support at all.
Compensatory support balances the financial outcome, typically when one spouse raised children instead of working outside the home. Non-compensatory support focuses on meeting the financial needs of each spouse. A marriage or cohabitation agreement might create the right to contractual support. Spousal support is complicated. Let our Vancouver spousal support lawyers help you understand the concept better. Call us at 604-974-9529.
Temporary or Interim Spousal Support
Life does not stand still while you wait for your divorce to be finalized. You still have bills to pay, but now you have only a single income and equity tied up in your family property. Temporary or interim spousal support helps you with your living expenses until the judge issues a final order. If appropriate in your case, YLaw Group applies for interim spousal support as soon as the divorce petition is filed.
Permanent Spousal Support
Receiving temporary spousal support does not guarantee an order of permanent support. The two types of support fulfill different purposes. While temporary support addresses immediate financial needs, permanent support provides a long-term solution. The court may order permanent spousal support for a variety of reasons, including relieving economic hardship, promoting self-sufficiency and apportioning the financial consequences related to childcare duties.
Changing Spousal Support
A change in circumstances may allow you to increase, reduce or end your spousal support obligations. The court sets a high threshold for what qualifies for a change to alimony or spousal support. You must prove that the change of circumstance is material, significant, unforeseen and continuous — for example, remarriage, a disability or involuntary unemployment. Although the court may order retroactive reduction in payment, you are obliged to pay the current amount until the court orders otherwise. YLaw Group suggests consulting with our firm as soon as you encounter a hardship that jeopardizes your ability to pay.
Our lawyers also may request a review of your order from time-to-time following your divorce. You do not need to prove a changed circumstance; you must only prove that the amount of support no longer makes sense. Your spouse might now earn a high income, for instance.
Enforcing Spousal Support
Has your former spouse fallen behind on alimony or spousal support payments? YLaw Group helps enforce the order and recover delinquent payments. We might seek a court order, help with the garnishment of your ex’s income, confiscation of driver’s license or passport and, in extreme cases, incarceration. We also ask for reimbursement of any attorneys’ fees you paid to enforce your rights.
Consult with Award-Winning Counsel & Spousal Support Lawyers
Learn more about your spousal support rights and obligations from YLaw Group. We strategize the best approach to securing spousal support or relieving you of an unfair obligation. There may be fortunes at stake and it is best to call us at 604-974-9529 or get in touch.
The content of this page was updated in February, 2017 for more accuracy, comprehensiveness and freshness.