I live in BC. I have been in a common-law relationship for nearly 9 years. There is no property we jointly own, no

Expert's Assistant chat

Customer: I live in BC. I have been in a common-law relationship for nearly 9 years. There is no property we jointly own, no children, and no debt. The only question relates to spousal support in the event of us separating. How would spousal support be calculated? Would this be based solely on income or are savings / inheritance considered? Our incomes have been similar in the past 18 months.
JA: Is there an agreement regarding alimony? Or a court order?
Customer: No
JA: What's the monthly support payment in this case?
Customer: There is no monthly support payment. I want to know what the spousal support would be if we were to divorce.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Answered by Debra in 2 hours 2 years ago

Debra

10+ years of experience

164974 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Debra

164974 Satisfied customers

10+ years of experience

Debra

10+ years of experience

164974 Satisfied customers

Lawyer's, Assistant

116 Lawyers are online right now.

Debra, Expert

Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

Debra, Expert

I am sorry to hear of this difficult situation.

The site keeps locking me out of the post.

Can you confirm you can read this please?

Customer

Thank you

Debra, Expert

I am so sorry for that glitch but happy this is working now.

Here is a link to an online support calculator that will give you a good idea of the range of support you might expect and the duration. Just use the free version.

https://www.mysupportcalculator.ca/

The income is income from all sources but it doesn't include assets. It does include interest earned on an asset.

Does that help?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer

Thank you - is spousal support just based on income or does it include savings and money from inheritance too?

Debra, Expert

As I stated in my answer, "The income is income from all sources but it doesn't include assets. It does include interest earned on an asset."

Customer

I see, so if I have made RRSP contributions of 50000 dollars which are now worth 60000 dollars then would I be correct in saying that the 50000 dollars is an asset but the 10000 increase is regarded as income?

Debra, Expert

No that is not correct.

Assets are not included. The increase in the size of your RRSP is not included.

If you have investments outside an RRSP or TFSA and you receive interest from the asset that is income.

Customer

Good. Thank you. You mean rent from a rental property for example?

Customer

That rent would be income.

Customer

What about pensions and inheritance - do those count as income?

Debra, Expert

Inheritances aren't income.

Pensions and rental income are income.

I have a zoom meeting now but will check back when it is over.

Customer

Thank you. The pension payments won't start for about 8 years. The pension is sitting in a fund right now. Does future income get included in any calculations?

Debra, Expert

No. That is not an issue.

Customer

Thank you. To sum up - RRSP and TFSA and inheritance and pension funds do not count as income and will not be included in any spousal support contributions arising as a result of a common-law separation.

Debra, Expert

Support is based on actual income. It could be varied every year. You have to provide your income tax return and notice of assessment. So inheritances don't count and other assets don't count but earnings on investments or assets count but not ones that are within a registered investment account such as an RRSP or tax-free savings account.

Customer

Thank you so much for this information.

Debra, Expert

You are very welcome.

Please be sure to rate me before you leave the site so that I can receive credit for my work.

Thanks and take good care.

Customer

Thank you. I will do as you ask.

Debra, Expert

Thanks

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