What the Law Says About Spousal Support

Serving clients throughout British Columbia, Lowther Family Law can help you understand what the law says about spousal support. You can learn more about the topic on this page, but if you have specific concerns or questions we hope you'll contact us today to speak to a Vancouver family lawyer.

Spousal Support

If one spouse has depended on the other prior to the breakup of the relationship, spousal support may be payable. In a common-law relationship, there is no entitlement to spousal support except in instances that the parties have lived as husband and wife for two years or longer, but this qualification doesn't apply if the parties are already married.

Each case for spousal support must be decided on its own merits, because there are no guidelines for payment. Usually, the length of the marriage and the difference between the economic circumstances of each spouse will factor into the decision, with spousal support being more likely if it was a long marriage and there was larger economic disparity present.

How Long will Spousal Support Last?

This, too, depends on the particular case at hand. After a separation, each spouse must attempt as best as possible to become financially independent of the other, but it's also understood that sometimes it's not reasonable to expect a spouse to ever be independent (such as in a case where one spouse has been out of the work force for years).

Is Spousal Support Tax Deductible?

It can be. Unlike child support, spousal support may be tax deductible for the spouse paying it, and it may also be taxable income to the spouse receiving it. This is only if support is paid pursuant to a court, or a written agreement signed by both spouses.

Note: The information provided above is general information only and is provided as a public service. For detailed information and advice with respect to your specific circumstances, please contact our office for an appointment.