Family law: The fairness factor of spousal support

On behalf of Peterson Stark Scott posted in Family Law on September 24, 2018.

Life can seem unfair at times. When a British Columbia couple breaks up, there are family law rules in place to ensure there is as much fairness as possible in the divorce process. However, a former partner who pays spousal support may not see it that way. If a couple can’t come to an agreement on a figure, a judge will do it for them, so there is a lot to say about trying to work out a settlement.

The rules aren’t written in stone when it comes to financially supporting a former partner. But the aim of support is to level the financial playing field. So, when one spouse earns more than another, financial support may be in order. Other factors that may play a bearing on the amount of support is how long the couple was married and whether there are minor children involved.

In Canada, spousal support is tax deductible for the payor and taxable for the payee. In some instances, a couple may agree to a one-time lump sum payment of support rather than payment on a monthly basis. Again, this is a detail that would be best ironed out by the couple.

A British Columbia family law lawyer can offer clarity to the issues that affect spousal support payments. The details may seem complicated or confusing and a lawyer might be able to explain the laws in such as way that they make sense. A lawyer will always have the best interests of his or her client at heart and can provide guidance and advice to a client who is either the payor of spousal support or the payee.

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