British Columbia Spousal Support and Maintenance Guidelines
Spousal Support Guidelines have been created by two law professors from the University of Toronto at the request of the federal government. These guidelines are now firmly entrenched across Canada and are routinely used to try to settle cases, or if necessary to determine spousal support in court.
BC SPOUSAL SUPPORT AND BC SPOUSAL MAINTENANCE – PAYMENT CALCULATOR
We are delighted to provide this NEW SPOUSAL SUPPORT GUIDELINES link to a child AND spousal support calculator that gives you a general calculation of what combined child and spousal support could be. Numerous exceptions apply and spousal support calculations do not take into account WHETHER A SPOUSE IS ENTITLED TO ANY SUPPORT AT ALL. CALL US BEFORE AGREEING TO ANY FIGURES FROM THIS CALCULATOR AS THE CALCULATOR IS ONLY A ROUGH AND NOT DEFINITIVE GUIDE! YOUR LAWYER HAS A MORE ACCURATE AND SOPHISTICATED GUIDE AND WILL DISCUSS ENTITLEMENT WITH YOU.
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.
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.
Example: 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 percent, then multiply again by 10 (number of years of marriage). The grand total: $36,000 per year. At 2 percent the payment is $42000 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: What is being divided is the take home payment gross pay under fees calculation. It is complex and we use a special program to actually calculate support. We can do this calculation with you at your initial consultation. Normally the spouse with custody will receive one half of the family income which makes sense when you think 1 person should live on less than what 2 or more will need after separation.