Do I Have To Pay Spousal Support?
Unlike child support, spousal support is not automatically payable following a separation. While child support normally becomes payable following a separation based on such things as the income of the parties, the parenting time or access schedule in place, and the location of the payor parent, spousal support can be more difficult to determine.
Spousal support is often based on the characteristics of your past relationship:
- What are the incomes of the parties?
- How long was the relationship?
- Are the children of the relationship?
- How old were the parties at the time of separation?
- Do the parties have assets?
- Was either party a stay at home parent?
- Does either party have health concerns?
The court will not automatically award spousal support following the breakdown of a relationship. The onus is on the party seeking spousal support to prove that they are entitled to receive support. If the party is the successful improving entitlement, the court must then determine how much support is paid and for how long.
Entitlement to spousal support and the calculation of spousal support involve many factors that are unique to each case. There are also Time limitations which apply to an application for spousal support based on whether you were in a common-law relationship or whether you were married.
If you are either seeking spousal support or are being asked to pay spousal support and have questions about your rights, please contact us to see how we can help; your first consultation is free.
Toll-Free: 1-877-860-7575
Can I Get Divorced If Separated Less Than One Year?
Under the Divorce Act, a divorce can only be granted based on one of the following grounds:
1. you and your spouse have been separated for more than one year;
2. you or your spouse committed adultery;
3. you or your spouse committed physical or mental cruelty.
The majority of divorces in BC are granted on the basis that you and your spouse have been separated for more than one year (the "date of separation").
Generally, the date of separation is the date you and your spouse decided to end the relationship. Sometimes this date is not agreed to, and this may have consequences on such things as child support, spousal support, and property division. Please be aware that it may be possible to be separated while living in the same residence, provided that the martial aspects of the relationship have ended.
Although it is possible to get divorced faster based on either adultery or physical or mental cruelty, you must be able to prove the adultery or cruelty. Depending on your case, it may save you money and stress if you instead wait for the one year separation period to expire.
Contact us to see how we can help. First consultations are free.
Toll-Free: 1-877-860-7575
Do I Need A Separation Agreement?
What is a Legal Separation?
In British Columbia there is no such thing as a “legal separation”: you can separate at any time. However, having a "separation agreement" is a legal way to settle assets quicker.
What is a Separation Agreement?
A separation agreement is a signed agreement that outlines how former spouses wish to settle the various issues resulting from their separation.
These issues typically include:
- Division of family assets and debts
- Who will reside or keep the family home
- Spousal support
- Child support
- Custody and guardianship of the children
A separation agreement cannot include an order for divorce, as that must be made by a judge in Supreme Court.
Why do I need a separation agreement?
If you and your former spouse are able to come to an agreement on the issues listed above, drafting a separation agreement is a good idea.
Separation agreements are legally binding documents, that can be filed with, and enforced by the court. They are much cheaper and quicker than going to court. You also have more control over the outcome.
Should A lawyer prepare my separation agreement?
As separation agreements are legally binding documents, they have a long-lasting impact on your legal rights and obligations. Therefore, it may be worthwhile to have a lawyer prepare your separation agreement. A lawyer can help protect your rights and ensure that you understand the implications of any agreement.
Can a separation agreement be thrown out?
Having a lawyer prepare the agreement will help to ensure that the agreement is not vulnerable to being overturned in court.
However, the Family Law Act specifies that upon application of one of the spouses, a court may set aside a domestic contract in one of three instances:
- If a party failed to disclose to the other party significant assets, or significant debts or other liabilities, existing when the domestic contract was made;
- If a party did not understand the nature or consequences of the domestic contract; or
- If the contract is otherwise not in accordance with the law for example: if the contract is unconscionable or there has been a mistake or undue influence.