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→The law about spousal support
==The law about spousal support==
===Who is entitled to can ask for spousal support?===
Only spouses can ask for spousal support. Under section 15 2(1) of the ''[[Divorce Act]]'', "spouse " includes ''former spouses'', spouses people who have been divorcedfrom each other. There is no time limit on when a spouse or former spouse can ask for spousal support.
A spouse’s entitlement to spousal support is determined based on factors set out at section 15.2(4):
<blockquote><blockquote><tt>(c) any order, agreement or arrangement relating to support of either spouse.</tt></blockquote></blockquote>
Remember that no one is automatically entitled to get spousal support the way a child is automatically entitled to benefit from the payment of child support. Anyone who is a spouse can ''ask'' for spousal support, but being able to ask doesn’t mean you'll get it. You must also show that you are ''entitled '' to get spousal support.
===How are the amount and duration of spousal support calculated?===
When a spouse is entitled to receive spousal support, the amount to be paid and the length of time support should be paid for, called ''duration'', is determined based on factors objectives set out at section 15.2(6):
<blockquote><tt>An order [for spousal support] should</tt></blockquote>
<blockquote><blockquote><tt>(d) in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time. </tt></blockquote></blockquote>
The amount of spousal support to be paid and the duration that it should be paid for is often determined using the [[Spousal Support Advisory Guidelines]]. The Advisory Guidelines is are not a law like the [[Child Support Guidelines]] and is are not mandatory; . In fact, the ''[[Divorce Act]]'' doesn't even mention the Advisory Guidelines. However, the courts of British Columbia and the rest of Canada routinely rely on the Advisory Guidelines can when making decisions about spousal support. The Advisory Guidelines cannot be very helpful ignored if you asking for, or being asked to pay, spousal support. The Spousal Support Advisory Guidelines have two basic formulas that are used to figure out how much calculate the amount of spousal support and the length of time it should be paid for, one when the spouses have children and one for when they do not. The formulas take into account a bunch of information, including: #the income of the payor, the person paying spousal support, and the income of the recipient, the person receiving spousal support;#the length of the spouses' relationship;#the age of each spouse;#how long it should be much child support is being paid for;#how much is being spent on the children's special or extraordinary expenses; and,#the age of each child and where they are in school.
===Is a spouse’s conduct taken into account?===
Under the section 15.2(5) of ''[[Divorce Act]]'', the court is not allowed to consider a spouse’s behaviour during the marriage when making an order about spousal support.
===How is spousal support paid?===
Most of the time, spousal support is paid every month, usually on the first day of the month. If child support is also being paid, child support and spousal support payments can be staggered if that's fair to both parties. It is also possible for spousal support to be paid in a single lump sum. Payors , the people paying spousal support, can be required to pay by giving the recipient , a person receiving spousal support, a series of post-dated cheques.
Where the payor cannot pay both spousal support and child support, under section 15.3 of the ''Divorce Act'' the court must give priority to the payment of child support.
===Are there tax consequences?===
There are tax consequences when spousal support is paid on a regular, repeating basis.
The recipient of regular payments of spousal support must declare the support received in their income tax return and pay tax on it, just as if the support payments were employment income. The payor , on the other hand, can deduct the spousal support paid from their taxable income, in the same way that RRSP contributions can be deducted from taxable income. This usually means that the recipient has to pay tax on the spousal support they received at the end of the year while the payor gets might get a tax refund.
There are no tax consequences when spousal support is paid as a single lump sum. When a lump sum is paid, the payor cannot deduct the spousal support payment from their taxable income, and the recipient does not have to add it to their own. However, the tax status of lump sum payments compared to regular, repeating payments is usually taken into account when calculating the amount of lump sum payments.
Remember that taxes should need to be taken into account when figuring out spousal support. At If you are a minimumrecipient of spousal support, recipients should be reminded don't forget to put some money aside to pay their the taxes.you may own on the spousal support you receive!
===How are orders for spousal support changed?===
Under section 17(4.1) of the ''[[Divorce Act]]'', the court can change an order for spousal support if there has been a:
<blockquote><tt>a change in the condition, means, needs or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order</tt></blockquote>
When the court varies an order for spousal support, it must take the change of circumstances into account under section 17(4.1) and consider, under section 17(7), consider the same factors about objectives for the amount and duration as of spousal support orders that it considered in making the original order.
====When both spouses live in British Columbia====