Winning spousal support or getting interim spousal support in BC is extremely important. The amount can easily be worth hundreds of thousands of dollars. Do not assume that you will not be entitled to it.

If you are asked to pay spousal support, take the issue seriously. If your spouse gets a court order, you might also have to pay their legal costs. The legal costs could add tens of thousands of dollars to the payment you need to make.

If you fail to make the spousal support payments, the judge can order the Sheriffs to take you to a holding cell.

Many make mistakes because they sign away their rights to spousal support or pay too much. This often happens when the two spouses sign a separation agreement in BC.

This can also happen with common-law partners.

Federal Guidelines For Spousal Support

The advisory guidelines come down from the federal government. This provides a guideline on how much spousal support should be paid, and how long it should go on.

If you signed a marriage or separation agreement, the courts will often go with the amount. However, this is not always the case.

One spouse should not be poor, whereas the other spouse is rich. That’s not fair. In a short marriage, you will likely get less support. If you have a very long marriage, you can be entitled to massive spousal support payments.

Instead of guessing what will happen with your case, most legal experts and lawyers will look at case law on CanLII. This shows judges’ decisions about spousal support orders in British Columbia. We just did a quick search and found this case about spousal support.

The matter was heard in the Kamloops BC Supreme Courthouse. This was an application, not a trial. Applications are often used in family law issues. In this matter, the applicant wants spousal support to keep their health coverage and interim joint custody.

You will see that the applicant received interim custody, spousal support, and child support. So, it’s worth hiring a lawyer to do things correctly.

Calculators For Interim Spousal Support BC

Many family lawyers in British Columbia use software to calculate spousal support. This software is called Divorcemate. You should not use the free software that you find online. The judge will ask you how you calculated the support payment.

If you answer that you used a free online tool, the judge won’t listen. Also, you want to show the courts that you have taken the legal issue seriously. If your spouse is prepared, and you are not, you will have a bad time in court.

If you need a lawyer to apply for interim spousal support, contact us using the form on the side of this page. We have lawyers in Victoria and Vancouver. We also might be able to do the hearing over the phone if you live in another city in British Columbia.

Dealing with family law is stressful; why not let one of our lawyers or paralegals deal with it? We know ways to get you the relief you need. We also know how to save you money. Ask us about having a paralegal do the majority of your work.

You also ask us about using a legal coach. We have many tools that you can use. Lawyers often charge $350/hour, and paralegals charge around $175/hour.

Interim Spousal Support In British Columbia

An interim order provides short-term funding for several things. This should be enough to get you by until you hopefully get the money you are owed, either by settlement or after the trial.

It allows people to access justice and level the playing field. If one person can afford a lawyer and experts, and the other cannot, the wealthy person has a big advantage. Many judges also use the term “levelling the playing field.”

Judges want fairness. Interim orders can also be used to divide assets.

You can make an application for an interim order. You can use this to fund expert opinions and sometimes legal fees. However, this has changed over the years. Orders can order an interim distribution of family properties if it doesn’t hurt the spouses.

This can fund dispute resolutions or obtain evidence for a family law matter. Dispute resolutions are often mediation and arbitration. An example might be an award of $50,000 to pay experts to investigate the spouse’s assets and debts.

Marital separation or divorce proceedings

Spousal support is one of the most contentious elements in family law, and British Columbia is no exception. BC’s interim spousal support system is key during marital separation or divorce proceedings.

This system’s complexity may baffle many individuals; hence, decoding its modus operandi becomes necessary.

An immediate spotlight falls on the significance of interim spousal support in BC. The interim phase refers to the period during which the divorce or separation proceedings are ongoing, and the court hasn’t made a final decision.

It’s the crucial stage that ensures one spouse doesn’t face financial hardships while the divorce process is underway.

The law outlines criteria to determine eligibility for interim spousal support, among which the claimant’s need and the paying spouse’s capacity to provide stand paramount.

According to the Family Law Act, factors such as the length of the marriage, the roles each party played, and the financial implications of those roles are considered when awarding interim spousal support.

Divorce Applications and spousal support BC

Let’s examine the situation in BC in terms of numbers. In 2022, BC saw 12,000 divorce applications in which spousal support was a contested issue. Per the Spousal Support Advisory Guidelines, 70% of these cases involved interim spousal support, showing how critical these temporary arrangements can be.

However, it’s also essential to understand the unpredictability and variability of interim spousal support. For instance, in BC, the interim spousal support granted in 2022 ranged from $500 to $10,000 per month.

The variation is due to each case’s individual circumstances, including the parties’ incomes, the length of the relationship, and the needs of the claimant’s spouse.

Another important feature of the BC interim spousal support landscape is the impact of the Spousal Support Advisory Guidelines. Although they do not have the force of law, they carry significant weight in the court’s decisions.

BC’s interim spousal support orders

These guidelines recommend spousal support amounts and durations based on the spouse’s age, marriage duration, and children’s presence. About 85% of BC’s interim spousal support orders fell within the SSAG ranges, indicating their pervasive influence.

Although the system for interim spousal support in BC strives for fairness, it’s not devoid of controversy or dispute. Critics argue that the system disproportionately affects lower-income earners, as they might struggle to meet the financial requirements of an interim spousal support order.

Evidence of this is found in a 2022 report by the BC Law Institute, which stated that approximately 40% of lower-income earners ordered to pay spousal support experienced difficulties.

Garnishment of wages or property liens

Determining and enforcing interim spousal support has shown signs of strain. In BC, approximately 25% of interim spousal support orders required some form of enforcement action in 2022, whether via wage garnishment or property liens, highlighting the challenges in ensuring compliance.

Despite these criticisms, the interim spousal support system in BC serves as a lifeline for many individuals undergoing separation or divorce. It offers a semblance of stability during a turbulent period, even if that stability may be precarious and temporary.

A 2022 study by the University of British Columbia found that recipients of interim spousal support reported reduced financial stress and improved mental health outcomes, underscoring its potential positive impact.

If you need help with interim spousal support in BC, contact us.