If your marriage is failing, spousal support might be either ordered by the court or it may be included as part of a negotiated agreement in your case. There are many factors the court will use to determine whether either you or your spouse are entitled to receive such payments, and they are not ordered in every divorce case.
The purpose of spousal support is to make certain that both spouses will avoid economic hardship caused by the marital breakdown. Spousal support is intended to help a party who needs it to become financially independent. In addition to whether a party is entitled to such support, the court will also determine the duration any spousal support payments will last.
Factors courts in British Columbia use to determine whether spousal support should be ordered include such things as the length of the marriage, whether there are any children, the respective contributions made by each spouse to the relationship as well as their relative incomes and each spouse's ability to provide for themselves independently.
At our firm, our lawyers are experienced with helping clients who have questions about spousal support in their own cases. When we represent people who should be entitled to support payments, we work hard to make certain they receive amounts that are of a sufficient amount and for a sufficient duration. When we represent people who may be ordered to pay spousal support, we work hard to protect their rights to help minimize any negative financial impact to them. In some cases, we are able to help negotiate favourable agreements for our clients regarding spousal support, while in others, we litigate the issue in court. If you have questions about spousal support, you are invited to take a look at our alimony page.