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Difference between revisions of "Introduction to Family Law in British Columbia"
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Introduction to Family Law in British Columbia (view source)
Revision as of 16:43, 21 June 2019
, 16:43, 21 June 2019→Spousal support
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===Spousal support=== | ===Spousal support=== | ||
Spousal support is money paid by one spouse to | Spousal support is money paid by one spouse to another spouse, for one of three reasons. Spousal support may be paid to help a spouse meet their day-to-day living expenses, or it may be paid to compensate a spouse for the economic consequences of decisions made during the relationship. Spousal support may also be paid because a spouse agreed to pay it, perhaps in a marriage agreement or a living-together agreement, but more commonly in a separation agreement. Spousal support is not automatically payable just because people were married or unmarried spouses; the person who wants support must prove that they are entitled to get it. | ||
The decisions made by | The decisions made by people during their relationship can cause a spouse to be entitled to compensation if those decisions took the spouse out of the paid workforce, required the spouse to move to a place where there was less financial opportunity, prevented the spouse from taking a promotion or have made it more difficult for the spouse to get a job after separation. Say, for example, the people in a relationship decided that one of them should quit work and stay at home to raise the children and be a homemaker. A spouse who stays at home may have to leave a job, and it can be very difficult to return to work after being out of the workforce, particularly when the relationship was long and there is no career to return to. | ||
The end of a relationship can cause a spouse to need financial help. After | The end of a relationship can cause a spouse to need financial help. After people separate, the same amount of money they had during the relationship now has to pay for two rent bills, two electricity bills and two grocery bills. When family were together, however, their combined incomes only had to pay for one rent <span class="noglossary">bill</span>, one electricity <span class="noglossary">bill</span> and one phone <span class="noglossary">bill</span>. | ||
Spousal support is usually paid every month for a certain amount of time, although it can be paid indefinitely or | Spousal support is usually paid every month for a certain amount of time, although it can be paid indefinitely or in one large lump-sum payment. The amount of spousal support that is paid is usually an amount that the person with more money can afford to pay, using the money left over after that person's basic living expenses have been paid. | ||
When a relationship was very long or the | When a relationship was very long or the adults are older, spousal support can be paid forever or until they start to get pensions or government benefits like CPP. When the adults are younger, spousal support is usually only paid for a specific amount of time. This is because the person getting support has an obligation to try to become financially independent from the person paying support. | ||
The amount of spousal support that should be paid and the length of time support should be paid can also be calculated using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines uses two formulas, one for when a | The amount of spousal support that should be paid and the length of time support should be paid can also be calculated using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines uses two formulas, one for when a family has children and one for when they don't, that calculate how much support should be paid according to the length of the relationship and each party's annual income. | ||
There are three very important things to know about the Advisory Guidelines: | There are three very important things to know about the Advisory Guidelines: | ||
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#The Advisory Guidelines is not a law and there is no rule saying that the Advisory Guidelines formulas must be used. Despite this, lawyers and the court use the Advisory Guidelines almost all the time when spousal support is going to be paid. | #The Advisory Guidelines is not a law and there is no rule saying that the Advisory Guidelines formulas must be used. Despite this, lawyers and the court use the Advisory Guidelines almost all the time when spousal support is going to be paid. | ||
#The Advisory Guidelines is only used when someone is proven to be entitled to receive support; if there is no entitlement, the Advisory Guidelines doesn't apply. | #The Advisory Guidelines is only used when someone is proven to be entitled to receive support; if there is no entitlement, the Advisory Guidelines doesn't apply. | ||
#The formulas the Advisory Guidelines describes are very complicated. In particular, the formulas that are used when a | #The formulas the Advisory Guidelines describes are very complicated. In particular, the formulas that are used when a family has children cannot be done without using a computer program. | ||
Only people who are married spouses or unmarried spouses can ask for spousal support. Married | Only people who are married spouses or unmarried spouses can ask for spousal support. Married spouses must ask for spousal support within two years of their divorce. Unmarried spouses must ask for spousal support within two years of their separation. | ||
'''Further reading:''' | '''Further reading:''' | ||
