When Can I Apply for BC Spousal Support?

In British Columbia, spousal support is available both to people who are legally married, as well as to people who are in a marriage-like or common law relationship.  Both legally-married individuals and those who are in a marriage-like relationship should consider getting help from Vancouver spousal support lawyers to address the complexities of the law when it comes to BC Spousal Support.

A Look at the Family Law Act and the Divorce Act as They Relate to BC Spousal Support

The Family Law Act, which is a law passed in the province of British Columbia, establishes rules and requirements for spousal support in a marriage-like relationship. The Divorce Act, which is a federal law, covers spousal support for couples who were legally married.

Under the Family Law Act, someone living in a marriage-like relationship wishing to obtain BC spousal support will need to sue for support within two years of the separation. To be able to make a claim for BC spousal support after a common law relationship, you must have been living in a marriage-like relationship for at least two years. However, there is an exception made when a child was born to a couple in a marriage-like relationship in less than 2 years of cohabitation. Under such circumstances, there is no two-year time limit as long as the couple really was living in a marriage-like relationship.

When married couples divorce, a spouse seeking spousal support can pursue a claim under either the Family Law act or the Divorce Act and no two-year deadline applies.  It is possible for a spouse to claim spousal support at any time.  If spousal support is granted, usually the order is for a limited time period only. The specific length of time a person may receive spousal support will depend on many factors including the length of the marriage, economic disadvantages arising from the marriage and the income earning capacity of each spouse. A longer marriage generally results in support being paid for a longer period of time.

Periodic or Automatic Reviews of BC Spousal Support

To make sure the amount of spousal support (if any) is appropriate, there should be a periodic review conducted of the support agreement or support order. A spousal support agreement that a couple enters into can specify that there should be an automatic review of the support order after a certain period of time has passed. The court can also require automatic periodic reviews and put this requirement into the support order. The goal of automatic periodic reviews is to keep up with ever-changing lives so the appropriate amount of support is always being paid.

Regardless of whether an automatic review is required or not, it is possible to petition for a change to a spousal support agreement. A spouse can apply to change the agreement if it has become significantly unfair or there has been a material change in the circumstances of the former spouses. The court will consider the following factors, including but not limited to:

• Whether a change in circumstances has occurred
• The amount of time that has passed since the agreement was reached
• Whether the agreement was intended to be final
• Each party’s reliance on the agreement
• How well the agreement meets goals set forth in the Family Law Act or the Divorce Act.

Couples need to know both the time limit for applying for spousal support, as well as the limit for how long it can and should be paid. Our spousal support lawyers can help divorcing spouses fight for fair support orders that make sense for their families. Call our award-winning family law firm at 604-974-9529 or email [email protected] as soon as possible.