Do I Have to Pay Spousal Support?
Understanding the Three Hurdles: Eligibility, Entitlement, and the Guidelines
In British Columbia, “Do I have to pay spousal support?” is one of the most frequently searched—and hotly debated—family law questions. Unlike child support, spousal support is not automatic. Whether you are required to pay depends on clearing three distinct hurdles: Eligibility, Entitlement, and the Guidelines.
This article walks you through each hurdle so you can understand where you stand—and when you should get legal advice specific to your situation.
1. The Eligibility Test
Before any court will consider spousal support, the law first asks a threshold question: are you actually “spouses”?
Under the BC Family Law Act, you are considered a spouse if:
- You were legally married (whether or not you lived together).
- You lived together in a “marriage-like relationship” (common-law) for at least two years.
- You lived together for less than two years but have a child together.
If you do not meet any of these criteria, spousal support under BC’s Family Law Act does not apply to your relationship. This is the first filter—and for some couples, it ends the analysis entirely.
2. The Entitlement Test
Clearing the eligibility threshold does not mean you will automatically owe support. The second hurdle is entitlement: the court must find that your former spouse has a recognized legal basis for claiming support.
BC courts look for three grounds of entitlement:
Compensatory Entitlement
Did your spouse sacrifice their career, education, or earning capacity to benefit the family—for example, by staying home to raise children or relocating for your employment? If so, spousal support compensates them for the economic disadvantage they absorbed so the family could function.
Non-Compensatory (Needs-Based) Entitlement
Even where there is no clear sacrifice to compensate, a spouse may be entitled to support if the separation has left them unable to meet their basic financial needs. This ground recognizes that some relationships create economic interdependence, and that a sudden severance of that interdependence can leave one party in genuine hardship.
Contractual Entitlement
Did you and your spouse sign a prenuptial agreement, cohabitation agreement, or separation agreement that includes spousal support provisions? If so, the terms of that agreement may establish entitlement—or limit it.
⚠ Note: BC law is “no-fault.” Adultery, who initiated the separation, or who “caused” the breakdown of the relationship generally does not affect whether spousal support is payable. The court focuses on economic circumstances, not marital misconduct.
3. How Much and For How Long?
Once entitlement is established, the next question is quantum (how much) and duration (how long). In BC, courts rely heavily on the Spousal Support Advisory Guidelines (SSAG) to answer both questions.
The SSAG are not legislation—they are not strictly binding. However, judges across BC follow them so consistently that departures require strong justification. The Guidelines use two primary formulas:
| Formula | Who It Applies To | Typical Calculation |
| Without Children | Couples with no dependent children | 1.5% to 2% of the income difference for every year of cohabitation |
| With Children | Couples with dependent children | A more complex calculation that prioritizes child support first, then aims to leave the lower-income spouse with 40–46% of the combined net disposable income |
These are ranges, not fixed numbers. Where a court lands within the range depends on the specific circumstances of the case—including the strength of the compensatory or needs-based claim, the length of the relationship, and the parties’ respective financial positions.
4. When Does Spousal Support End?
Duration is often the most contentious issue. The SSAG provide the following general framework:
Short Relationships
For shorter relationships, spousal support typically lasts between 0.5 and 1 year for every year you lived together. A five-year relationship, for example, might generate support lasting 2.5 to 5 years.
The “Rule of 65”
If the number of years you were together, plus the age of the recipient spouse at the date of separation, equals 65 or more, the SSAG suggest that support may be indefinite—meaning there is no predetermined end date. Indefinite does not necessarily mean permanent, but it does mean the obligation continues until a court orders otherwise.
Long Relationships (20+ Years)
For relationships lasting 20 years or more, the SSAG generally treat duration as indefinite. The rationale is straightforward: after two decades or more of economic partnership, disentangling the parties’ financial lives cannot be done on a short timeline.
5. Common Questions About Spousal Support in BC
Certain spousal support questions come up repeatedly in our practice—and in Google searches by British Columbians navigating separation. Here are the most common:
“Can I stop paying if my ex starts dating or living with someone new?”
Not automatically. A new relationship does not extinguish a spousal support obligation by operation of law. However, if cohabitation with a new partner materially reduces your ex-spouse’s financial need, you may apply to the court for a variation. The burden is on you to demonstrate the change in circumstances.
“Do I still pay if we both work?”
Possibly. The question is not whether both spouses earn income, but whether there is a significant income disparity. If one spouse earns $100,000 and the other earns $40,000, the higher-income spouse may well owe support—particularly if the gap is connected to decisions made during the relationship.
“Is spousal support tax-deductible?”
Yes—if it meets certain conditions under the Income Tax Act. Periodic spousal support payments are generally deductible by the payor and taxable to the recipient. This is an important distinction from child support, which is neither deductible nor taxable. The tax treatment can significantly affect the real cost and benefit of spousal support, and should be factored into any negotiation.
“What if I can’t afford to pay?”
The court will not order support that leaves the payor unable to meet their own basic needs. Both parties’ financial circumstances matter. If your income changes significantly after an order is made—due to job loss, illness, or other material changes—you may apply to vary the amount.
Need Advice Specific to Your Situation?
Spousal support questions are never one-size-fits-all. The interaction between eligibility, entitlement, quantum, and duration depends on the specific facts of your case. A misstep—whether paying too much, too little, or failing to claim what you are owed—can have consequences that last years.
George Lee Law provides family law advice in English, Cantonese, and Mandarin. Call us at 604-681-1611 to schedule a consultation, or visit a BC Family Justice Centre near you for free initial information and referrals.
This article is intended for general informational purposes only. It does not constitute legal advice and should not be relied upon as such. Every family law matter involves unique facts and circumstances. For advice tailored to your situation, consult a qualified family law lawyer in British Columbia.