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ALIMONY

Posted by Andrew Liggett | Oct 12, 2025 | 0 Comments

ALIMONY is also known as spousal support. I just posted an article about child support which is mandatory (the support not the reading).  However spousal support is not always payable and child support takes priority if there is not enough income to pay both.

Like child support, there are Spousal Support Advisory Guidelines to help determine the amount payable but as the title suggests the Spousal Guidelines are advisory not mandatory though the courts have said these Guidelines must be considered.

Before determining the amount payable, you first determine if the spouse claiming support is eligible. The first key word is Spouse. If the adult claiming support was never a spouse as defined in the legislation then that is the end of the claim. You can become a spouse in British Columbia, not just by being married legally, but by living in a marriage-like relationship for 24 consecutive months. And of course the law applies to all sexes.  

What is a "marriage-like" relationship versus just good friends with benefits is of course not clear in these modern times, so caselaw has developed to guide this analysis.

After the spousal relationship is confirmed, now you consider eligibility which has several categories - not just alleged need - and each has their own analysis. For example, at separation both spouses might be economically independent with similar incomes but if there were children then there could be a spousal claim for compensation eg if one of the parents stayed home to be the caregiver and lost years of employment experience.  If there was no loss caused by the marriage and both spouses are economically independent then there might not be any alimony payable.

If alimony is payable, there are a few more decisions to be made including whether it is to be permanent or only for a few years or reviewable, and whether to pay a lump sum which can be included in the debt & asset division analysis, or monthly income which is a tax deduction for the payor and taxable income for the recipient.

About the Author

Andrew Liggett

Mr. Andrew Liggett, BA JD CD, Esquire Our Firm Founder Andrew has decades of successful experience representing clients throughout British Columbia in all levels of court including the Provincial Court, the Supreme Court and the Court of Appeal. Andrew completed a Bachelor's Degree in Political...

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