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Spousal Support Calculator

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It is strongly recommended that you speak to a lawyer in order to determine what the actual amount of support you should be paying (or receiving) is. A judge has the discretion to order spousal support that is either more or less than the range provided by the guidelines. The guidelines are only accurate up to an annual income of $150,000. This calculator performs only a simple calculation for an obligation within a range of possible results and should not be taken as legal advice or a definitive guide.

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BusinessSpousal Support is a payment that one spouse makes to their former spouse in order to help them meet their post-separation living expenses or compensate them for economic choices that were made during a relationship.

Unlike Child Support, there is no automatic right to Spousal Support in British Columbia and before determining the amount of support that is payable, entitlement must be proven. Whether a former spouse is entitled to receive spousal support will vary from relationship to relationship and courts will look at things like the length of the relationship, the difference in the former spouses’ incomes and the opportunities that a spouse may have lost as a result of the relationship.

Once entitlement is established, the Federal Spousal Support Advisory Guidelines are generally used to determine the amount of support that must be paid. Two different formulas are used to determine the amount of support: one where the two former spouses have no children, and one where they do.

If there are no children, support is 1.5 to 2 percent of the difference between the spouses` gross incomes for each year of marriage (or marriage-like relationship). The result is the amount that must be paid per year to the spouse who earned less for a duration equal to 0.5 to 1 year for each year of the marriage.

If there are children, the combined individual net disposable income (or INDI) of both spouses is determined – this can be complicated and there are several factors that determine what each spouse`s INDI is. The recipient spouse receives between 40 and 46 percent of this amount.

It is strongly recommended that you speak to a lawyer in order to determine what the actual amount of support you should be paying (or receiving) is. This calculator performs only a simple calculation for an obligation within a range of possible results and should not be taken as legal advice or a definitive guide.

What is Spousal Support?

Spousal Support is a payment that one spouse makes to their former spouse in order to help them meet their post-separation living expenses or compensate them for economic choices that were made during a relationship.

Unlike Child Support, there is no automatic right to Spousal Support in British Columbia and before determining the amount of support that is payable, entitlement must be proven.

Who is Eligible for Spousal Support?

Spousal support is one of the most difficult laws when it comes to family law. There are multiple factors that the judge will look at to decide if a spouse is eligible or entitled to spousal support, and how much the monthly amount will be. Marriage alone isn’t enough to determine if spousal support should be granted a spouse. Both men and women are eligible to receive spousal support, as well as those in heterosexual or same-sex marriages.

A free evaluation with Hart Legal will help determine if you are eligible for spousal support, or if you might be paying spousal support.

What Factors Will a Judge Look at When Determining Spousal Support?

Whether a former spouse is entitled to receive spousal support will vary from based on circumstance. The courts will look at factors like the length of the relationship, the difference in the former spouses’ incomes, and the opportunities that a spouse may have lost as a result of the relationship.

Once entitlement is established, the Federal Spousal Support Advisory Guidelines are generally used to determine the amount of support that must be paid. Two different formulas are used to determine the amount of support: one where the two former spouses have no children, and one where they do.

When Children are Involved

If there are children, the combined individual net disposable income (or INDI) of both spouses is determined – this can be complicated and there are several factors that determine what each spouse`s INDI is. The recipient spouse receives between 40 and 46 percent of this amount.

If there are no children, support is 1.5 to 2 percent of the difference between the spouses` gross incomes for each year of marriage (or marriage-like relationship). The result is the amount that must be paid per year to the spouse who earned less for a duration equal to 0.5 to 1 year for each year of the marriage.

How Long Will I Pay Spousal Support?

The length of time spousal support will be paid is determined on a case by case basis that depends on each marriage. Sometimes there is a set length of time, while other times there is an event that ends the payments, like when the spouse receiving spousal support obtains a job.

Do I need a Lawyer for my Spousal Support Hearing?

It is strongly recommended that you speak to a lawyer before your hearing. At Hart Legal, we can give you personalized recommendations based on your situation. Remember, not having a lawyer can result in receiving a less than desirable outcome at your hearing.

(This calculator performs only a simple calculation for an obligation within a range of possible results and should not be taken as legal advice or a definitive guide.)

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