What is Alimony or Spousal Support in Vancouver & Surrey?

Our Vancouver spousal support lawyers are well aware that alimony or spousal support are payments one person pays to the other after separation. These spousal support payments are usually calculated based on the difference between the couple’s net incomes.

Important factors that determine the amount and duration of spousal support in Vancouver are:

• the length of the marriage or common law relationship
• the disparity of the couple’s incomes
• whether the couple have children and
• the role each person played during the marriage or common law relationship.

Alimony or spousal support in Vancouver may be granted in a dissolving marriage or marriage-like relationships, but it is not guaranteed. The law considers the totality of circumstances when deciding whether to order spousal support, what type and how much.

YLaw regularly handles spousal support for 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 spousal support lawyers can assist you with determining whether you owe or are owed spousal support.

How Long Do You Have to Pay Spousal Support For?

The length of time spousal support should be paid for depends on:

• Length of marriage;
• The type of marriage;
• Whether there are children;
• The degree of economical disadvantages a spouse has suffered as a result of having to stay at home for a variety of reasons (usually children);
• Excepted dates of retirement; etc.

How Much Do You Have to Pay in Spousal Support?

Usually the amount of spousal support is determined based on the Spousal Support Advisory Guidelines. These guidelines usually generate three different ranges of spousal support. Depending on the circumstances of the case, the Court or parties determine which range should be used to determine the amount. Note that in some cases, the court may go below or above these ranges. It is very important to consult with a spousal support lawyer to determine how much and which range of the Advisory guidelines you need to use to pay alimony.

Determining Spousal Support in Vancouver

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.

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Temporary or Interim Alimony in Vancouver

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 applies for interim spousal support as soon as the divorce petition is filed. In most cases, we begin negotiating support as soon as separation occurs so that the client can save on time and costs of having to apply to the court for this award.

Spousal support carries tax consequences. Learn about those here.

Learn more about temporary support

Permanent Spousal Support in Vancouver

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.

Learn more about permanent support

Changing Spousal Support Orders or Agreements

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 spousal support 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.

Learn more about amending your spousal support order

Enforcing Spousal Support Orders or Agreements

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-spouse’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.

Learn more about the enforcement of support orders

Terminating Spousal Support Orders

In many situations, continuing to pay any spousal support doesn’t make sense, whether it is temporary spousal support or permanent spousal support. Situations such as losing jobs, retirement, disability, etc, all call for termination of spousal support.

Learn more about ways to terminate spousal support.

Consult with Award-Winning Spousal Support and Alimony 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.