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Spousal Support

The end of a relationship can mean that one partner may need spousal support from the other. This is due to differences in income or one party staying home to care for the children, or foregoing their income-earning abilities for other reasons. Spousal support in Vancouver is governed by the Spousal Support Advisory Guidelines, which apply across Canada, and can be found here.

Spousal support is not an automatic right like child support, however, as entitlement must be established first. Whether or not a spouse can establish entitlement is a complex legal question, and there are no easy answers – therefore obtaining legal counsel on the issue of spousal support is important.

Once entitlement has been established, the spouse needing support may receive a lump-sum or series of payments, but spousal support is not necessarily paid for an indefinite period of time. The length of time that support will be paid depends on the ages of the children and the length of the relationship.

I will provide you with all of the relevant spousal support information so that you will be well informed about your rights and you and your spouse’s obligations. I strive to resolve your spousal support issues out of court by providing you with lower cost and more efficient options for resolution such as mediation, Collaborative Divorce, and lawyer-assisted negotiation.

Frequently Asked Questions

What is spousal support & when will it be paid?

• Spousal support is money paid by the spouse who is the higher income earner to the other.

• Spousal support is governed by the Spousal Support Advisory Guidelines, which apply across Canada, and can be found here.

• The Family Law Act governs support where the spouses are not married and the Family Law Act and Divorce Act both govern support where the spouses are married.

• Spousal support is not an automatic right like child support is – a spouse must first establish entitlement.

• Entitlement can be established by:

(1) Need – also known as “non-compensatory” entitlement. This basis of entitlement is premised on the needs of the spouses, their means, and their respective standards of living. “Need” can mean basic needs, but it has also generally been interpreted to cover a significant decline in the standard of living from the marital standard. Non-compensatory support reflects the economic interdependency that develops as a result of a shared life, including significant elements of reliance and expectation, summed up in the phrase “merger over time”. The degree and duration of non-compensatory entitlement will depend on the marital standard of living, the post-separation means and needs of the spouses, and the duration of the relationship.

(2) Compensation – also known as “compensatory” entitlement. Compensatory entitlement will arise where, as a result of the parties’ roles during the marriage, one spouse has suffered economic disadvantage or has conferred economic advantages on the other. Most often, such entitlement will arise where one spouse has sacrificed career opportunities in order to take on more of the family’s household or child-rearing responsibilities. Upon the dissolution of the spousal relationship, the spouse who has given up opportunities may be entitled to spousal support, either to compensate for diminished earning capacity or to share in the augmented earning capacity of the other spouse. The main goal of compensatory spousal support is to provide for an equitable sharing of the economic consequences of the marriage.

(3) Contract – this is present when there is an agreement between the spouses that one will pay support to the other.

•The amount of spousal support that will be paid depends on the strength of the entitlement of a spouse, the spouses’ incomes, and the parenting arrangements of the spouses’ child or children, if any.

• The length of time that spousal support will be paid will depend on the length of the spousal relationship and the ages of the child or children, if any.

How will spouses' incomes be determined?

• A spouse’s income will be determined under the Federal Child Support Guidelines, which can be found here: https://laws-lois.justice.gc.ca/eng/regulations/sor-97-175/index.html

• A spouse’s personal tax return income may not be the income that is used for calculation of spousal support, and thus it is very important to obtain legal advice on the issue of income determination. For example:

1. a spouse may have income imputed to them if they are not working as much as they should be. This means a judge finds that the amount of income the parent who is paying support is claiming is not a fair reflection of what they could be earning, so the judge assigns an income to them based on what they should be earning.

2. a spouse may have income attributed to them if they have access to income that does not show up on their personal tax return. This means a judge finds that the amount of income the parent who is paying support reports on their personal tax return is not a fair reflection of what income they have available to them through their company, so the judge assigns an income to them based on what they actually have available. This is often the case where a spouse controls a company and may therefore be “hiding” income in the company or paying personal expenses with company money.

• The spousal support analysis is complex and is usually the most difficult issue to resolve in a family law case. It is therefore very important to obtain legal advice on what your rights and obligations are with respect to spousal support before you make an agreement.

Spousal support guidance

I am a knowledgeable and practical lawyer whom you can trust. My goal is to determine the solution that is best for you and your family. I will advise you on your spousal support rights and obligations and equip you with the information you need to make informed decisions. I am accessible, which means I am available to answer your questions and respond promptly to your emails and phone calls.

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    Testimonials
    • Amalia answers all my questions. She replies very quick in a timely manner. Very professional and very informative.

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      Cris man Avatar
      Cris man
      12/14/2021
    • Amalia Schön helped me alot during some of the darkest days of my life. I took a chance on Amalia, not knowing where to turn for help and never before finding myself in need of a Family lawyer, I did not have a clue whom to choose online.
      I found Amalia Schön online and the thing I remember most was she called herself more of a mediator in Family law than just a divorce lawyer, Amalia negotiated a fair settlement when all communications had ended and no resolution was possible on my own when my commonlaw relationship had ended very badly and abruptly. Amalia was always very professional and always responded to my queries and problems in a timely manner. Amalia Schön offered me good value, she is a quality family lawyer and mediated a fair settlement without anyone involved ending up in court.
      Amalia Schön Family Law, comes highly recommended as family mediator/lawyer by myself, I am very happy with her services and recommend her when and if you should ever need a Family lawyer!

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      Tim Holzworth Avatar
      Tim Holzworth
      12/03/2021
    • There were many times during my family law case where I wanted to give up and leave this all behind me, however Amalia was a fierce advocate for me and ensured that I fought for what I deserved. She was also very responsive and ensured that things moved forward at a reasonable pace so that the matter could be resolved as quickly as possible. Her fees were very competitive and reasonable.

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      Samantha Russell Avatar
      Samantha Russell
      10/05/2021
    • I have used Amalia's consultation and services. She is very helpful and professional. I had a great experience with her and defiantly recommend her to friends and family.

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      sahar edelkhani Avatar
      sahar edelkhani
      8/12/2021
    • Amalia was quick, efficient and compassionate in handling my separation. I would recommend her services highly.

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      B. Olds Avatar
      B. Olds
      2/01/2021
    • Ahhhh, how did my separation agreement go? Well is anyone's separation fun? Probably not... but as far as the legal stuff went, Amalia was a joy to work with. It's always daunting retaining a lawyer because we all know they seemingly bill by the millisecond... but Amalia has time efficiency and friendliness as well as expertise and professionalism at the forefront of her service offering. I really appreciated Amalia getting my separation agreement done... very thoroughly and as seamlessly as possible.

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      Kelsey Smart Avatar
      Kelsey Smart
      12/23/2020
    • I approached Amalia Schon to deal with a really complex case. Over the years, I have interacted with many lawyers over various family and business issues. By far she has been the most personable and cooperative lawyer that I have encountered. At every time, she tried to find solutions that in the long run reduced litigation and the costs associated with them. I am highly satisfied with her services and professionalism and I would highly recommend her to anyone who is going through a divorce or separation. You not only will save money, but you also will feel much better from having a lawyer who takes into consideration the human side.

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      Eduardo Azmitia Avatar
      Eduardo Azmitia
      11/20/2020
    • I have been very happy with Amalia Schon as my divorce attorney. She was responsive and professional and worked zealously for me. I always felt that she was genuinely concerned for my case, always responsive to my concerns, and pursued fairness.

      I recommend her. You will not regret your choice of her as your advocate.

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      Nick Kondis Avatar
      Nick Kondis
      11/03/2020
    • Amalia helped me create a cohabitation agreement for my partner and I. She was very thorough, professional and informative throughout the process. I would highly recommend her.

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      Diana Trasolini Avatar
      Diana Trasolini
      11/03/2020
    • I always recommend Amalia to anyone who is going through a separation and/or parenting dispute. She was thorough, professional and prompt every step of the way. Amalia was able to help my ex and I come to a resolution and stay out of court and I am so grateful for all of her help!

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      Stephanie Penner Avatar
      Stephanie Penner
      11/01/2020
    • I used Amalia in my separation and was very satisfied. Amalia is very professional and has great advice. She responded to my concerns very quickly. I would use Amalia again if I ever needed one. Thanks Amalia

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      Hartley Blatz Avatar
      Hartley Blatz
      10/30/2020
    • Amalia was wonderful to work with finalizing my separation and custody agreement with my ex. There were many surprises along the way and Amalia took them in stride and always with the utmost professionalism. She doesn’t waste time and has a sense of urgency while also being very detail oriented. Her pricing is fair and competitive. I would not hesitate to refer any one of my friends to Amalias services.

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      Tanya Blok Avatar
      Tanya Blok
      10/30/2020

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    North Vancouver Family Law

    Family law issues touch some of the most important aspects of our lives. Finding a lawyer that you can trust is imperative to achieving a timely and beneficial resolution.

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    Based in North Vancouver, available anywhere in BC.

    500 – 224 West Esplanade, North Vancouver, V7M 1A4

    Phone: (604) 318-8254
    Email: Amalia@schonfamilylaw.ca
    Office Hours: Mon-Fri 9am- 5pm

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    • Home
    • About
    • Family Law Services
      • Collaborative Divorce
      • Family Law Agreements
      • Parenting, Guardianship & Custody
      • Child Support
      • Spousal Support
      • Family Property & Debt Division
      • Lawyer Assisted Negotiation
      • Mediation
      • Divorce
      • Unbundled Services
      • All Family Law Services
    • Testimonials
    • Blog
    • Contact
    • Home
    • About
    • Family Law Services
      • Collaborative Divorce
      • Family Law Agreements
      • Parenting, Guardianship & Custody
      • Child Support
      • Spousal Support
      • Family Property & Debt Division
      • Lawyer Assisted Negotiation
      • Mediation
      • Divorce
      • Unbundled Services
      • All Family Law Services
    • Testimonials
    • Blog
    • Contact