Expert Spousal Support Lawyer in Kelowna

Spousal Support Advisory Guidelines: 

In BC and across most other Canadian Provinces, the Spousal Support Advisory Guidelines (the “Guidelines”) are referenced to determine the amount and duration. 

The formula of the Guideline depends on whether you are “with children” or “without children.” A spouse with child support in pay will pay less spousal support than a party with no children. 

Monthly spousal support payments are tax deductible for the payor and must be claimed as income by the payee for tax adjustments. The parties can also agree that spousal support should be paid lump-sum or periodically. 

However, such payments are not tax deductible for the payor and do not constitute “income” on the part of the payee. 

For tax purposes, it is essential to have an agreement or court order that sets out the monthly amount of spousal support, as payments made with no written agreement do not qualify for tax deduction purposes.

Time Limits: 

It is essential to enforce your rights promptly as the right to pursue spousal support may expire depending on your circumstances, which differ based on whether you are married, divorced, or in a “common-law” relationship.

Our Kelowna spousal support lawyer can help you understand your options and take legal steps to protect your rights.