Spousal Support Lawyers

Worried about BC spousal support? Our Vancouver lawyers can assess your eligibility and help negotiate a fair, financially stable settlement.

Family Law Services
Spousal Support

Serving Vancouver and Langley

Are you concerned about spousal support payments? We can determine whether your financial situation qualifies for support, and if needed, help you negotiate a fair settlement to maintain financial stability.

Spousal Support

When Spousal Support May Arise

Spousal support claims can arise in both married and common-law relationships. Spousal support is neither automatic nor an entitlement in every case.

Contractual Spousal Support

Spousal support obligations may arise where both parties have entered into an agreement that provides for support.

Compensatory Spousal Support

Compensatory support may arise where spouses should fairly share the economic consequences of the relationship and its breakdown. This can include situations where one spouse gave up career opportunities for the benefit of the family, or where one spouse’s earning capacity increased as a result of roles assumed during the relationship.

Non-Compensatory Spousal Support

Non-compensatory support may arise where one spouse has financial need and the other has the means to help meet that need. This reflects the principle that, in some circumstances, the burden of supporting a disadvantaged spouse should fall on the other spouse rather than the public.

Amount and Duration of Spousal Support

When determining the amount and duration of spousal support, the courts are required to consider the Spousal Support Advisory Guidelines, although they are not required to follow them in every case. Spousal support is highly fact-specific, and the outcome will depend on the circumstances of each case.

Frequently asked questions about Spousal Support
Spousal Support

Frequently Asked Questions

Spousal support may be enforced through the FMEP (Family Maintenance Enforcement Program), a government program that collects spousal support payments on your behalf and offers a wide range of capabilities to enforce support terms when a payor fails to pay, including but not limited to, garnishing the payor’s wages, suspending their driver’s license, imposing interest and fines, incarceration, and more. The FMEP is a free service and you do not need a lawyer to enact it.

Typically, spousal support acts as taxable income to the recipient and a deductible amount for the payor. However, if spousal support is paid in a lump sum amount, there are no taxes payable or deductions that can be claimed. Your family lawyer can assist you with lump-sum calculations that take into account the tax free implications to each spouse.

In some circumstances, the legislation allows former spouses to apply for variation of spousal support, including increasing the amount of support notwithstanding prior agreement. We encourage you to speak with a family lawyer to discuss your situation and assess its merits.

If there are sufficient grounds to believe that your spouse may evade payment or pose a flight risk based on past behaviours—and there are sufficient assets—the court may order a lump sum payment. You may also negotiate a lump sum through your family lawyer.

Get in Touch

Spousal support can be one of the most challenging parts of a separation or divorce, especially when there are questions about entitlement, amount, or duration. At England & Lam Family Law, we help clients understand how spousal support is assessed and what factors may affect the outcome in their case. Whether you’re seeking support, responding to a claim, or working through a negotiated resolution, our team is here to help you move forward with confidence.

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