How Long Do I Have To Pay Spousal Support For?
If you look up this question online, you’ll see lots of definitive answers: “half the length of the relationship,” “until retirement,” “until they re-partner,” and so on. In practice, especially after long relationships and strong entitlement, duration is rarely that neat.
If you look up this question online, you’ll see lots of definitive answers: “half the length of the relationship,” “until retirement,” “until they re-partner,” and so on. In practice, especially after long relationships and strong entitlement, duration is rarely that neat.
Spousal support duration is a multi-factor question. Courts have wide discretion, and the outcome can turn on practical details: the length of the relationship, the roles each spouse assumed, the economic advantages or disadvantages that flowed from those roles, and what “retirement” realistically means for the payor.
What does duration mean in spousal support?
When discussing how long spousal support lasts, people generally refer to one of three structures:
- Time-limited support (for example, five years), sometimes with step-downs.
- Indefinite support (no set end date), sometimes paired with a review.
- Support until a specified event (for example, when the recipient begins receiving a pension or completes retraining).
British Columbia’s Family Law Act expressly allows support orders to be made periodically for an indefinite or limited period or until a specified event occurs.
Even where an order is indefinite, courts can still:
- review support, if there is a review mechanism
- vary or terminate support, if the statutory test is met
Therefore, the practical question is not only what is the duration, but what needs to happen for the order to change.
Our British Columbia Court of Appeal has recently come out with a decision in Huber v Atwal which helps guide the rules around spousal support duration.
If you are looking for guidance in your family law matter, whether it be support payments or receiving payments, our experienced Family Law team can guide you through every step of the process. Contact us for your initial consult.
This blog post provides general information and is not intended as legal advice. Laws change frequently, please contact DuMoulin Boskovich LLP for advice specific to your situation.
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