Spousal Maintenance

The Divorce Act defines a spouse as “either of two persons who are married to each other.” The term “spouse” also extends to individuals who live together in a marriage-like (common-law) relationship. After the end of a marriage or common-law relationship, one spouse may be eligible to receive financial support from the other spouse. Spousal maintenance, which is also referred to as spousal support is different from child support. Spousal support applies to both same-sex and opposite-sex spouses. Married spouses can seek spousal maintenance from both the Family Relations Act and the Divorce Act. Common-law spouses alternatively can only seek spousal maintenance under the Family Relations Act. Spousal maintenance for common-law relationships are only entitled for support when they have been in a relationship for two years or more. While there is no time limit for married spouses under the Divorce Act to seek support, common-law spouses must apply within one year after the dissolution of the relationship.

Child Maintenance

Child maintenance is the amount of money that one parent pays to another for the financial support of a child. According to the Family Relations Act, each parent of a child is "responsible for the reasonable and necessary maintenance of the child." Parents of a child do not have had to be married to qualify for child maintenance. While both parents are legally responsible for the support and maintenance of a child, one parent usually has the primary support while the other pays support. A child maintenance agreement should always be filed with the court. The agreement can also be filed with the British Columbia Family Maintenance Enforcement Program, which is a service provided by the British Columbia Ministry of Attorney General to monitor and enforce maintenance orders and agreements. If child maintenance cannot be agreed upon to create a fair and mutual agreement, mediation or court may be necessary.

In determining child maintenance, there are provincial/territorial guidelines and Federal Child Support Guidelines. The provincial/territorial guidelines are used if parents were never married or are only separating, while the Federal Child Support Guidelines are used if parents were married and are now seeking divorce. The Federal Child Support Guidelines are regulations provided under the Divorce Act. These guidelines are in place to regulate how much child maintenance parents are required to pay in fair and objective matter. Please follow the link to a child support calculator.

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