Spousal Support Advisory Guidelines: 
In BC and across most other Canadian Provinces, the Spousal Support Advisory Guidelines (the “Guidelines”) are referenced to determine amount and duration. What formula of the Guideline is used depends on whether you are “with children” or “without children” as 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 on the part of the payee for the purposes of tax adjustments. The parties can also agree that spousal support be paid on a lump-sum or periodic basis. 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 important 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 important to enforce your rights in a timely manner as the right to pursue spousal support may expire depending on your circumstances, which differ based on whether you are married and divorced, or in a “common-law” relationship.