BOUTIQUE KELOWNA FAMILY LAW FIRM
Whether you are contemplating a separation or are already separated, Maio Law can provide you advice, help negotiate, and file necessary legal documents to obtain spousal support.
What you need to know about Spousal Support
There are many factors that affect spousal support and there are multiple aspects that affect whether you apply pursuant to the Family Law Act, BC or the Divorce Act. Spousal support can be obtained in the Provincial Court of British Columbia as well as in the Supreme Court of British Columbia.
Entitlement, Amount & Duration:
Spousal support is money paid by one spouse to the other spouse after separation. In most, if not all cases, it is paid pursuant to an agreement or court order. A spouse is not automatically entitled to spousal support upon termination of the relationship. Entitlement along with duration and amount will have to be determined. Prior to determining spousal support, the issue of child support and property division are first determined. Child support is determined first because children take priority to spousal support payments and property division is also determined prior to spousal support as property division could affect entitlement, amount and duration of spousal support.
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.
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.
Why Choose Maio Law
Domenic Maio took on a heavy task helping me. I will be forever grateful. His confidence, kindness, understanding and drive to resolve the issue quickly was Amazing. I have great trust and respect for Domenic
Domenic is a fantastic real estate lawyer. This is our 4th time using his services. He helped us tremendously in Toronto and now in Kelowna. Highly recommend him, super reliable!
Domenic Maio went above and beyond for us in our mortgage refinance. He found mistakes that had been made previously and went to great effort to get them fixed. I will always go back to him for any real estate transaction because I know I can trust him.