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Spousal Support
Kelowna BC

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. 

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.

Why Choose Maio Law

OUR APPROACH TO a RESOLUTION

1

COMMUNICATION & GOALS

Effective communication is the key to resolving any dispute and it starts at your initial meeting with Maio Law as we discuss the reasons for contacting us, the nature of your dispute and your desired goals and outcomes.

2

PLANNING & STRATEGY

During the Planning & Strategy phase, Maio Law will review your case and discuss various options and methods of resolution to effectively accomplish your desired outcomes according to your budget and timeline.

3

EXECUTION & OUTCOMES

This phase is where the plan and strategy are put into action. During the execution phase, your plan and strategy will adapt to meet the changing environment to reach your desired outcome and goals.

Schedule a Consultation with Maio Law

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