Divorce lawyers in the Fraser Valley understand how spousal support is among the least liked areas of family law in British Columbia and perhaps the most controversial, too. It can be pretty complex and painful when you end up in a divorce, and now you’re asked to provide monthly support. Unfortunately, because of the ‘no-fault’ system even the fact that a spouse had an affair during the marriage in no way affects spousal support.
Let’s say alimony or spousal support has already been ordered, and you wish to terminate it. You need to determine first whether you’re trying to terminate an interim or final order. If you want to terminate an interim order, this post is for you.
In this article, we’ll discuss how you can terminate alimony or spousal support in British Columbia.
Terminating Interim Spousal Support in BC
From the time your family law case begins until the day you finally go to trial, you will probably need temporary orders to get through. Among such orders is one for interim spousal support or temporary spousal support. This can give you an amount of monthly support that has to be paid until the trial is over. You might think the amount is too high or simply wrong. However, on an interim basis, the judge is only to give rough justice based on what limited facts are presented to them.
Your former spouse might get an order for interim spousal support when they might not be entitled to any support. Most of the time, you’d need to wait until the trial to request to have the interim order terminated on an interim basis. This may be because your spouse has no entitlement to spousal support or that they are under-worked or even purposely unemployed.
During the trial, the judge will typically decide on property division, child support, and others. These factors, when put together, may lead to the judge concluding that no spousal support is payable.
Arguments You Can make to Terminate Interim Spousal Support Orders
- Explain that interim spousal support should not have been ordered because your spouse wasn’t disadvantaged because of the marriage
- Present how your spouse was able to get a new and better job and is now earning more or less similar to before, so no spousal support should be paid
- Since the interim order was given, and because of reasons beyond your control, your income has been significantly reduced that you can’t pay the set spousal support
- Should your spouse end up getting more assets during the property division, you can argue that considering the split and the results of that, there is no need to pay spousal support
- Show that considering you’ll have to pay child support and other extraordinary expenses, there will be almost no money left for you to survive on, so the spousal support should be terminated
- Inform the judge of your substantial debt (one that was not from a spending spree) and request for elimination or a reduction of spousal support so you can pay off your debt apart from your other financial obligations
The termination of interim spousal support in British Columbia can be a complex process. Various factors need to be considered by the court when deciding whether or not to terminate support, and each case is unique. If you are considering ending your interim spousal support, it is crucial to seek legal advice from a divorce lawyer to ensure that you take the appropriate steps.
Dreyer and Associates Lawyers LLP specializes in family law in British Columbia. If you need the help of a seasoned divorce lawyer, we can help you. Schedule your legal consultation with us today!