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  • Writer's pictureM Finkelstein

What creates entitlement to spousal support in British Columbia for married spouses.

In British Columbia, entitlement to spousal support for married spouses is determined based on several factors outlined in the Family Law Act. These factors include:

  1. Duration of the marriage or relationship: The longer the marriage or relationship, the greater the likelihood of entitlement to spousal support.

  2. Income and earning capacity: The income and earning capacity of each spouse are considered. If one spouse earns significantly more than the other, the lower-earning spouse may be entitled to support to maintain a similar standard of living post-separation.

  3. Roles during the marriage: Contributions made by each spouse to the marriage or relationship, including both financial contributions and non-financial contributions such as caregiving or homemaking, are taken into account.

  4. Age and health: The age and health of each spouse are considered, particularly if one spouse has health issues that impact their ability to work and support themselves.

  5. Child-rearing responsibilities: If one spouse stayed home to care for children while the other worked, this may affect entitlement to spousal support, especially if it impacted their ability to earn income or maintain their skills and qualifications.

  6. Financial misconduct: Any financial misconduct or unfair advantage taken by one spouse during the marriage may impact entitlement to support.

  7. Standard of living: The standard of living established during the marriage is considered when determining the appropriate amount of spousal support.

It's important to note that each case is unique, and entitlement to spousal support is determined based on the specific circumstances of the individuals involved. Courts may also consider other factors not listed here, and couples can also come to agreements on spousal support through negotiation or mediation outside of court.

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