Further Considerations for Structuring Spousal Support Payments
Understanding Spousal Support arrangement options
As a reminder, when navigating spousal support arrangements, you have a few general options available regarding Spousal Support. Each option offers different levels of flexibility and finality.
Periodic payment plans
One option involves choosing periodic payments for a particular amount and duration. These payments can be structured to allow for future review and variation, providing flexibility as circumstances change over time. Alternatively, you can set up periodic payments without the possibility of future review or variation.
Lump sum settlements
Another option is choosing a lump sum payment based on a particular amount and duration. This option would generally be final, meaning both parties can move forward without ongoing payment obligations or the need for future modifications.
Waiving Spousal Support rights
You also have the option to waive your right to Spousal Support altogether. This choice releases both parties from any obligation to pay Spousal Support.
Deferred support arrangements
An additional option allows you to agree that no Spousal Support is payable at the time of the agreement while preserving your right to future support. This arrangement works particularly well when there's entitlement, particularly to compensatory support, but for various reasons, there were insufficient funds available at the time of the agreement.
This situation might arise when someone is between jobs, has just sold a business, or recently experienced a layoff. In cases like these, Divii would insert a clause that allows the parties to claim Spousal Support at a later date when circumstances improve.
Important timing considerations for BC residents
As discussions transition from Spousal Support to property distribution, it's essential to understand that in BC there's a limitation period around Spousal Support for those people living in common law relationships or those who are not married.
Two-Year limitation period
You only have two years from the time you separate to make an application for Spousal Support and distribution of property. And if the time limit is approaching, you'll have to talk to a family lawyer about what to do about Spousal Support while you negotiate your agreement.
Note: Married couples do not have this time restriction.
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Important Disclaimer
Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.