Spousal Support Guidelines have been created by two law professors at the request of the federal government. These guidelines have generated much controversy as reducing the determination of spousal support after separation to a "Robin Hood" mentality of taking from the supposedly wealthier spouse and giving to the supposedly poorer spouse.
BC SPOUSAL SUPPORT AND BC SPOUSAL MAINTENANCE – PAYMENT CALCULATOR
How much post-divorce support should you expect to pay? The Canadian Spousal Support Advisory Guidelines, while not legislated or mandatory, provide a formula for spousal support. Judicial use of the guidelines has been hit and miss and the fact that the professors have tried to sell their guidelines at Judicial retreats has raised eyebrows. There have been at least two BC cases that have used the guidelines.
• The formula for cases where no child support is involved suggests an annual payment of 1.5% to 2% of the difference between the spouses’ gross incomes for each year of marriage or cohabitation, up to a maximum of 50%. Spousal support is to be paid for a duration of six months to a year for each year of marriage, and is indefinite for marriages of 20 years or longer. Say you were married 10 years, your gross income is $300,000 and your ex-spouse’s is $60,000. To determine your minimum support payment, multiply your income difference ($240,000) by 1.5, then multiply again by 10 (number of years of marriage). The grand total: $36,000 per year. Given the duration of your marriage, you’d be expected to pay this amount for at least five years.
• With child support, the formula is based on the combined individual net disposable income (INDI) of both spouses. Add together your and your ex-spouse’s INDIs, then multiply by 40% to 46% of the combined INDI: That’s the amount of support likely to be awarded to the lower-income spouse.