Spousal Support

Spousal Support BC

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

BC Spousal Support

Spousal support claims can arise in both married and common-law couples. They are neither an automatic obligation nor the right of a spouse.


Spousal support obligations may arise in one or more of the following situations: 

  • Contractual: Both parties have entered into a contract for spousal support. 
  • Compensatory: Upon relationship breakdown, spouses should equitably share the economic consequences of the relationship and its breakdown, including where one spouse has foregone career opportunities for the family, or one spouse has increased income-earning capacity as a result of roles assumed during the relationship. 
  • Non-Compensatory: A spouse has needs and the other has the means to meet those needs. According to the social obligation model of marriage, the burden of meeting the needs of a disadvantaged spouse falls on the other spouse and not the public. 


The courts are required to consider, but not necessarily follow, the Spousal Support Advisory Guidelines in determining the amount and length of support. Spousal support sums are unique to each case.

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BC Spousal Support
Frequently Asked Questions

  • What if my spouse’s income goes up exponentially after we agree on spousal support based on her lower income?

    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.

  • I am worried that my spouse will leave the country or find a way to evade payment. Is there anything I can do to preempt that?

    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.

  • What are the tax implications for BC spousal support?

    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.

  • What happens if my former spouse does not pay spousal support?

    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.

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