Surrey Spousal Support Lawyers
Trusted Surrey Spousal Support Lawyers Focused on Fair, Practical Outcomes
When relationships end, financial support between spouses becomes a critical concern. At Legalbird, our Surrey family lawyers will help you understand spousal support rights and obligations under British Columbia law. We provide clear guidance in multiple languages, including Punjabi, to ensure you fully understand your options.
Spousal support helps balance financial inequalities after separation. Whether you’re seeking support or may need to pay it, Benti Atwal and our Surrey family law team protect your interests while working toward fair solutions.
Who Qualifies for Spousal Support in BC?
Not everyone receives spousal support after separation. British Columbia law requires you to show entitlement based on one of three grounds.
- Compensatory support – Compensatory support addresses economic sacrifices made during the relationship. If you gave up career opportunities to raise children or support your spouse’s education, you may qualify for compensatory support. This recognizes contributions to the family that affected your earning capacity.
- Non-compensatory – Non-compensatory support helps when one spouse needs financial assistance after separation. Even without economic sacrifices, a significant income difference or inability to meet basic needs can create entitlement. Courts consider factors like age, health conditions, and employment prospects.
- Contractual support – Contractual support comes from agreements you made with your spouse. Prenuptial agreements, cohabitation agreements, or separation agreements may outline support obligations. Courts generally enforce these agreements unless they’re significantly unfair or circumstances have changed dramatically.
The length of your relationship matters significantly. Longer relationships often lead to longer support periods. Short relationships under two years rarely result in support unless exceptional circumstances exist, such as the birth of a child.
Need Assistance With Spousal Support Obligations?
How Long Does Spousal Support Last in BC?
Support duration depends on multiple factors, with relationship length being primary. The Spousal Support Advisory Guidelines (SSAG) suggest support lasting between half the length and the full length of your relationship. A ten-year marriage might result in five to ten years of support.
For relationships over 20 years, or when separation occurs after age 65, support often continues indefinitely. These are considered long-term relationships where permanent support may be appropriate. However, indefinite doesn’t always mean forever – circumstances can change.
Review clauses allow courts to reassess spousal support at a later date . Common triggers for review include:
- The recipient completing education or training programs
- Children reaching specific ages or finishing school
- Changes in either party’s income or employment
- Retirement of either spouse
Some spousal support agreements include step-down provisions where support decreases over time. This encourages self-sufficiency while providing transitional assistance. Your Surrey family lawyer at Legalbird can negotiate terms that protect your long-term interests.
Can Spousal Support Agreements Be Changed in BC?
Existing spousal support orders aren’t permanent. British Columbia law allows variations when material changes occur in circumstances. Job loss, serious illness, or significant income changes may justify modifying support amounts or duration.
The person seeking change must prove the change is material and unforeseen. Voluntary unemployment or deliberate income reduction rarely succeeds as grounds for reducing support. Courts expect honest efforts to maintain income levels established during the relationship.
Spousal support agreement terms matter significantly. Some separation agreements include specific variation clauses outlining what changes warrant review. Others may attempt to limit variation rights, though courts can override unfair restrictions in certain situations.
Retroactive spousal support claims are possible but challenging. If your ex-spouse concealed income or you couldn’t pursue support earlier due to pressure or lack of information, courts may order past support. However, delays in seeking support can affect your claim’s success.
Helping You Meet Your Spousal Support Obligations
What Happens If Spousal Support Payments Stop Being Made?
When support payments stop without authorization, you have enforcement options through the Family Maintenance Enforcement Program (FMEP). This free provincial service collects support on your behalf and has significant enforcement powers.
FMEP can garnish wages directly from employers, intercept tax refunds and Employment Insurance benefits, and place liens on property. They can also suspend driver’s licenses, cancel passports, and report defaults to credit bureaus. These tools create strong incentives for payment compliance.
For support owed from before FMEP enrollment, you may need separate court applications. International enforcement adds complexity but isn’t impossible. BC has reciprocal agreements with many countries and provinces for support enforcement, though the process requires patience and expertise.
Get Help With Your BC Spousal Support Matter Today
Spousal support decisions affect your financial future for years. At Legalbird, Benti Atwal brings extensive experience in family law and a trauma-informed approach that recognizes the emotional and financial challenges you face.
Our Surrey family law office serves families throughout the Lower Mainland, offering services in English, Punjabi, French, and Gujarati. Whether negotiating agreements or presenting your case in court, we advocate firmly for your interests.
Contact Legalbird today for your free 30-minute case evaluation. We’ll review your situation, explain your rights and obligations, and outline strategic options for moving forward. Call us or book online to start protecting your financial future.
