Spousal Support: Entitlement in BC

Brittney Menzel, Family Law Litigator

February 13th 2026

Spousal support is a common issue that arises when parties separate in British Columbia. Although common, it is important to note that spousal support is not an automatic right, meaning it is not automatically granted to a spouse upon separation. Rather, it is necessary to first establish that you are entitled to spousal support in British Columbia. If entitlement is established, the other party has a duty to pay spousal support. 

You may be entitled to spousal support on either a compensatory or non-compensatory basis. 

Compensatory spousal support is granted in consideration of the sacrifices that one party made during the marriage or marriage- like relationship. Some examples of this include: 

·         A spouse leaving the workforce to care for the children while the other spouse continues to work.

·         One spouse assisting the other with the advancement of their career while sacrificing their own opportunities for career advancement or growth.

·         A spouse delaying pursuit of post-secondary education because of their obligations in the home, reducing future career opportunities.

One common characteristic related to spousal support entitlement, one that you may be able to spot in your own relationship, relates to whether one spouse is at an economic disadvantage as a result of their role in the marriage or marriage-like relationship. This characteristic would pair with the other spouse having the opportunity to continue, and perhaps even advance, their career. 

Non-compensatory spousal support is based on the means and needs of the spouses upon separation. The purpose of which is to relieve any economic hardship a spouse may experience upon separation. Therefore, relevant factors for non-compensatory spousal support include one spouse’s ability to pay and the other spouse’s needs. This is to prevent one spouse from leaving the relationship with significant financial resources while the other spouse is deficient in resources at separation (and as a result struggles financially).

Determining entitlement to spousal support can be confusing. If you are considering separation or have separated from your spouse, please seek legal advice related to your rights and possible entitlements. 

Brittney Menzel is a litigator at White & Company Family law and chooses clients primarily from Langley and White Rock but accepts select clients across British Columbia.

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