Vancouver Interim Spousal Support Lawyers

It is important to remember that there is no automatic right to spousal support, the need for spousal support and the ability of the payor to pay support are important considerations.

GET URGENT AND INTERIM SPOUSAL SUPPORT

When determining whether an interim support order is appropriate, the court will consider the individual fact circumstances of your case together with  section 15 of the Divorce Act or the Division 4 of Part 7 of the Family Law Act, as the case may be.

Regardless of the applicable legislation, the objectives of a spousal support is the same under both the Divorce Act and the Family Law Act. The following principles are considered by a court when making a spousal support award:

(a) to recognize any economic advantages or disadvantages to the spouses arising from the marriage or its breakdown

(b) to apportion between the spouses any financial consequences arising from the care of any child of the marriage over and above any obligation for the support of any child of the marriage;

(c) to relieve any economic hardship of the spouses arising from the breakdown of the marriage; and

(d) to in so far as practicable, promote the economic self-sufficiency of each spouse within a reasonable period of time.

In weighing these considerations, the court will consider the length of time the spouses cohabited together with the functions performed by each spouse during cohabitation.

In the recent case of Lit v Lit, 2018 BCSC 2023, the court considered the above factors in determining whether to make an award for interim spousal support.  In making these considerations, the court referred to the decision of Master Keighley in Robles v Kuhn, 2009 BCSC 2011, c.25, where the following additional case law principles were considered:

  1. The needs and the payor’s ability to pay support assume greater significance: Gibb v. Gibb, [2005] B.C.J. No. 2730 (S.C.);
  2. An interim support order should be sufficient to allow the applicant to continue living at the same standard of living enjoyed prior to separation if the payor’s ability to pay warrants it: Grossi v. Grossi, [1993] B.C.J. No. 878 (S.C.);
  3. On interim support applications the court does not embark on an in-depth analysis of the parties’ circumstances which is better left to trial. The court achieves rough justice at best: Randhawa v. Randhawa, [1999] B.C.J. No. 3299; Newson v. Newson, [1998] B.C.J. No. 2906, 65 B.C.L.R. (3d) 22 (C.A.);
  4. The courts should not unduly emphasise any one of the statutory considerations above others;
  5. On interim applications the need to achieve economic self-sufficiency is often of less significance;
  6. Interim support should be ordered within the range suggested by the Spousal Support Advisory Guidelinesunless exceptional circumstances indicate otherwise: Ladd v. Ladd, [2006] B.C.J. No. 1930, 2006 BCSC 1280 (S.C.);
  7.  Interim support should only be ordered where it can be said a prima faciecase for entitlement has been made out: LG.B. v. M.A.C.M., [2005] B.C.J. No. 2966, 2005 BCSC 1786 (S.C.);
  8. Where there is a need to resolve contested issues of fact, especially those connected with a threshold issue, such as entitlement, it becomes less advisable to order interim support: L.G.B.

If you are separating or divorcing, you may have concerns and questions relating to your finances and how you are able to support yourself while your divorce or separation works through the court system.  At Nasser Allan, our Vancouver Interim Spousal Support Lawyers can help you get the financial support you need while your family law matter is pending, so that you have the financial security to make informed and reasonable choices at all stages of the divorce and separation process without the additional stress financial insecurity brings.  Contact our skilled Vancouver Interim Spousal Support lawyers today on (604) 620 – 8682 to speak about your interim spousal support options.

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