When you’re going through separation or divorce in British Columbia, the BC Family Law Act is the law that shapes the decisions you’ll make. It can feel overwhelming to read, so we’ve broken down the parts that matter most to you.
Property and debt are split differently than you might think
Many people assume that assets and debts are divided 50-50 in divorce. The reality is more nuanced. Under the BC Family Law Act, the court divides family property fairly—which usually means equally, but not always.
Family property includes most things you both own or owe during the relationship. It does not include property one person owned before the relationship started, or inheritances received by one person. Gifts to one spouse are also separate.
If you and your partner agree on how to split things, you can divide property however you want. If you can’t agree, a judge will decide what’s fair.
Child support is based on a formula
The BC Family Law Act uses the child support guidelines to calculate how much one parent pays the other. The amount depends mainly on how much the paying parent earns and how many children there are.
Both parents have a duty to support their children financially, even if they don’t have custody or regular parenting time. The guidelines exist so that decisions about money don’t drag out negotiations or court cases.
Special expenses—like daycare, medical costs, or sports—are shared between parents based on income, on top of regular support.
Parenting time and decision-making are separate
The Act uses the term parenting arrangements instead of custody and access. This language shift matters because it’s about what’s best for the child, not about winning a contest.
Parenting arrangements include two things: how much time each parent spends with the child, and who makes decisions about schooling, medical care, and other major choices. You can share both, one parent can have both, or you can split them—whatever works for your family.
Spousal support is not automatic
One spouse may pay the other spousal support (sometimes called alimony) if there’s a significant difference in earning power and one person sacrificed career growth during the relationship, or if one person is unable to be self-supporting. The amount and length depend on the specific situation.
Unlike child support, there’s no automatic formula for spousal support. It’s something you work out together or that a judge decides if you can’t agree.
If you’d like to understand how these rules apply to your specific situation, we’re here to help you think it through.