How is Spousal Support Calculated in BC?

Sep 2

Written By Abby Pang

Objectives of Spousal Support

1) To recognize any economic advantages or disadvantages from the marriage or its divorce.

2) To divide between the spouses any financial consequences as a result of childcare.

3) To relieve any economic hardship resulting from the divorce.

4) To promote the economic self-sufficiency of each spouse within a reasonable time period.

Calculation of Support

Spousal support is calculated based on the Spousal Support Advisory Guidelines, which can be used on an advisory basis only. This means that the Guidelines are not legally binding but are used voluntarily. They are intended to be used as a tool to help guide divorce lawyers, mediators and judges to calculate a range for spousal support.

There are two basic formulas, one is a formula used where there is no child support and the other one is calculated where there is child support. Once you have calculated a range, you must then look at the different facts of each particular case to determine an amount payable within the range.

The different factors that will be considered include the condition, needs, means, and other circumstances such as the length of time the spouses lived together, the functions performed by each spouse during the time they lived together, any agreements that have been made.

Imputing Income

The court may impute income to one or both of the spouses. This means that a judge can apply a number he or she thinks is appropriate to calculate spousal support for example, consideration of investment income, including rental income and tax write-offs, corporate profits and dividends. However, the court may refuse to impute income if there are childcare responsibilities that make it impractical for a spouse to pursue employment opportunities.

How long is spousal support paid?

Spousal Support can be paid in a lump sum payment or periodic payments. The duration of spousal support depends on the length of the marriage and whether there are children.

What happens if my spouse cheated on me?

Spousal support orders are not intended to punish a spouse for things like adultery, cruelty or other misconduct that may have caused the divorce. Therefore, cheating is irrelevant when calculating spousal support. It could be relevant however, if the cheating caused a financial loss.

What happens if my spouse has a new relationship?

If your spouse remarries, there is no specific requirement that spousal support ends. However, remarriage of either divorced spouse would be a relevant factor on any applications to change an order for spousal support.

If a paying spouse begins a common law relationship with another person, that does not automatically mean they no longer have to pay spousal support because of new obligations to the new spouse. Each case will be decided based on the individual facts.

Want to learn more? Please contact us for a consultation.

The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation with one of our experienced family law lawyers.

Abby Pang

Abby is a lawyer and loving mother of two children. She is an advocate for healthy families and children. She has turned her energy towards supporting families, by providing guidance and helping families navigate through the legal system, while empowering them to have a voice throughout the process.

Abby Pang’s journey began in Prince Albert, Saskatchewan. Subsequently, her family moved to the east side of Vancouver, before moving to Richmond, where she spent most of her childhood. Her father was a refugee who came to Canada in 1970, and from him she learned the meaning of grit.

In her youth, Abby experienced a breakdown in her family unit which resulted in divorce. She understands that marital breakdowns and divorces can be complicated, but also devastating. She also understands there are alternative options and ways to mitigate the damaging effects of the process.

Abby earned a bachelor’s degree from the University of British Columbia, studying psychology and family studies. She earned a law degree from Manchester Metropolitan University, exchange program through the Hong Kong University. In 2008, she returned to British Columbia to work in a large law office while completing her National Certificate of Accreditation. She then completed her articles in a boutique law firm in Vancouver. She was called to the British Columbia bar in 2012.

Abby has appeared in Provincial Court, Supreme Court and Court of Appeal. She deals with personal injury claims, sexual assault (civil) claims, and family law matters: In addition to her court experience, Abby takes a “family first” approach and is resolution-focused. She is registered through the International Academy of Collaborative Professionals.

As a lawyer, Abby Pang’s community involvement included volunteer work with the Federation of Asian Canadian Lawyers and the Canadian Bar Association Women Lawyers’ Forum. As well, she had the opportunity to assist at Rise Women’s Legal Center and Battered Women’s Support Services through volunteering with Amici Curiae Friends of Court.

Abby is the recipient of A Woman of Worth Leader of the Year Award 2023 for her outstanding achievements in strengthening her community/organization through innovative approaches to resolving challenges and inspiring meaningful change. She has been recognized nationally as a nominee of the YWCA Women of Distinction Awards 2023, which honours extraordinary women leaders and businesses.

In her personal time, Abby enjoys snowboarding, bike riding, and spending time with her family.

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