CALL US TODAY 1-800-815-5894 604-925-6900
Areas & Topics

Vancouver General Law Practice Blog

Spousal Support

Am I Entitled to Spousal Support?

You have to qualify as a 'spouse' before you can claim spousal support. For the purpose of determining spousal support, 'spouses' include married couples, couples who have lived in a marriage-like relationship for at least two years and couples living in a marriage-like relationship for a shorter period when a child results from the relationship. Qualifying as a spouse will be a necessary condition before claiming spousal support.

Before looking into how much spousal support has to be paid, it first has to be determined whether or not the recipient spouse is entitled at all. Once you've established that you are a spouse, you will be more likely to be entitled to spousal support if you show that you faced disadvantages as a result of the relationship, such as suffering financial consequences arising from caring for children. You will be more likely to qualify if you can establish that the separation will cause you economic hardship. In practice, if you had a very long relationship and your income is significantly lower than your spouse's, then you will most likely be entitled to spousal support.

How is Spousal Property Divided in British Columbia? [VIDEO]

Who Can Make a Claim?

Who qualifies as a spouse for the purposes of making matrimonial property claims? Married spouses are able to make property claims upon separation. If you are unmarried then it is required that the parties live together in a married-like relationship for at least two years before matrimonial property claims are possible. After living together in a married-like relationship for at least two years, separating spouses' property claims will be treated no differently than married couples' claims. 

Divorcing? Here’s what you need to know

Deciding to leave your partner can be an emotional and frustrating period for many people. Once the decision is made, you may not know exactly what to do next. Many people know they may need to get in touch with a lawyer, but how exactly does getting separated or getting a divorce work?

At outlined by the Government of British Columbia website, divorces are only granted to married couples, and applied for through the courts. The three main grounds for a divorce are adultery, abuse or living separate for a year. For a divorce to be granted, the courts need to know that you and your partner have sorted out your affairs, including child support and custody.