1. Spousal support in BC: The basics

Spousal support is money paid by one spouse to the other after separation or divorce.  Its purpose is not to punish, but to achieve the following objectives outlined in the Family Law Act and the Divorce Act:

• to recognize any economic advantages or disadvantages to the spouses arising from the relationship or its breakdown;
• to apportion between the spouses any financial consequences arising from the care of their children, beyond the duty to provide support for the children
• to relieve any economic hardship of the spouses arising from the breakdown of the relationship; and
• in so far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.

Support is often awarded when one spouse’s income is significantly higher, or when one partner sacrificed career opportunities to support the family.

In British Columbia, courts look to the federal Spousal Support Advisory Guidelines (SSAGs) for direction [1]. While not legally binding, these guidelines provide a framework for calculating amounts and duration. Key factors include:

• The length of the relationship
• The roles each spouse played during the marriage
• The income difference between partners
• Each person’s ability to support themselves going forward

2. How support is calculated for high-income earners in BC

For most families, the SSAGs formula works as a guide. It applies up to a combined income threshold of about $350,000 per year. Beyond that, the court has more discretion [2].

For high-income families, this means:

• Judges may use the guidelines as a starting point but adjust based on circumstances.
• Support awards often reflect not just needs, but also lifestyle during the marriage.
• Larger incomes and more complex financial portfolios can result in more substantial support obligations.

This flexibility makes outcomes less predictable — and underscores the importance of tailored legal advice.

3. Common challenges in high-income spousal support cases in BC

The following are often encountered when assessing spousal support in high-net-worth families:

• Variable income – Business owners, executives, or professionals with bonuses and commissions may see wide swings in yearly earnings.

• Tax considerations – Significant payments may trigger complex tax consequences for both spouses.

• Lifestyle expectations – The higher the standard of living during the marriage, the greater the expectations for support after separation.

• Avoiding windfalls – Courts try to strike a balance: ensuring fairness without granting one spouse more than what’s reasonable [3].

These issues can quickly become complicated, especially when emotions run high.

4. Duration of spousal support in BC high-income families

How long does support last? There’s no one-size-fits-all answer.  The guideline duration depends on whether there are dependent children.

Under the Without Child Support Formula, spousal support typically lasts between 0.5 and 1 year for each year of the marriage-like relationship.

However, support becomes indefinite (i.e. no fixed end date) in two situations:

• The relationship lasted 20 years or more, or
• The relationship lasted at least 5 years, and the recipient’s age at separation plus the years of marriage-like relationship equals 65 or more (known as the “Rule of 65”).

Duration under the With Child Support Formula is more complex and often indefinite, but is generally tied to the ages of the children and key milestones (e.g., when the youngest finishes high school).

For high-income families, duration is often just as contentious as the amount, since obligations can stretch for many years [4].

5. Negotiating spousal support in BC: Strategies for high-income families

Because of the stakes, negotiation is key. High-income spousal support cases require:

• Full financial disclosure – Corporate records, tax returns, and investment statements are essential to transparency.

• Mediation or arbitration – Alternative dispute resolution can prevent costly, drawn-out litigation.

• Creative settlements – Some families opt for lump-sum payments, trusts, or staggered arrangements to meet both parties’ needs.

The right strategy can make the process smoother, less stressful, and more predictable for both spouses.

6. Why you need a BC family lawyer for high-income spousal support cases

For affluent families, spousal support is rarely straightforward. Lawyers play a crucial role in:

• Interpreting the SSAGs beyond the standard income thresholds

• Ensuring payments are fair but not punitive

• Protecting wealth through structured agreements that hold up in court

• Coordinating with accountants and tax experts to minimize financial risk

Without strong legal guidance, it’s easy to end up with obligations that don’t reflect your circumstances or long-term goals.

7. Conclusion: finding clarity in complex spousal support cases

Spousal support is challenging in any separation, but high-income families face additional layers of complexity. From fluctuating income to tax implications and lifestyle expectations, the stakes are high and the outcomes less predictable.