The division of property in B.C. is governed by the Family Law Act. Couples will generally share equally any property that is acquired during their relationship. The property they brought into the relationship is usually excluded, although the increase in value over the course of the relationship can be divided.
The rule of 65 is this: add the number of years of cohabitation/marriage to the age of the support recipient on the date of separation; if those numbers added together total 65 or more, spousal support is indefinite.
Married Spouses Subject to a written agreement to the contrary in the proper form known as a Family Law Agreement, married couples, including those of the same sex and hetro-sexual spouses, are entitled to share in 50% of the value of all family assets as determined by the Family Law Act.
The spousal support amount ranges from 1.5 to 2 percent of the difference between the spouses' gross incomes for each year of the relationship up to a maximum of 50 percent. For marriages of 25 years or longer, the range is from 37.5 to 50 percent of the income difference, practically equalizing the incomes.
You are not legally obligated to support her. If a divorce is filed the court could make alimony retroactive.
Without Child Support Formula The amount of support ranges from 1.5 to 2 per cent of the difference between the spouses' gross income amounts for each year of marriage or cohabitation, up to a maximum of 50 percent, (where 50 percent represents an equalization in income).
In British Columbia, there are three grounds for entitlement to spousal support: compensatory (economic) support, non-compensatory (dependency) support, and contractual support. Entitlement can be sought on any one or more of the three grounds.
Formula Used When There Is No Child Support After you calculate the difference in gross income between the partners, the amount of support will generally be 1.5 to 2 percent of this difference for each year of the marriage (up to 25 years).