The rule of 65 in BC family law: What it means for spousal support
Introduction
Divorce and separation bring many financial concerns, particularly when it comes to spousal support. In British Columbia, the Rule of 65 plays a crucial role in determining long-term or indefinite spousal support. Understanding this rule can help spouses navigate the legal complexities and plan for their financial future.
If you’re wondering how the Rule of 65 might impact your spousal support obligations or entitlements, this guide provides a detailed, yet easy-to-understand breakdown of everything you need to know.
What Is the Rule of 65?
The Rule of 65 is a principle used under Canada’s Spousal Support Advisory Guidelines (SSAG) to determine whether a spouse is eligible for indefinite spousal support following a separation or divorce.
A spouse may qualify for indefinite support under this rule if:
- The sum of their age at the time of separation and the years they were married equals 65 or more.
- Alternatively, the marriage lasted 20 years or more, regardless of the total sum.
This rule acknowledges that individuals in long-term marriages may find it difficult to re-enter the workforce or achieve financial independence after divorce.
How Does the Rule of 65 Work in BC Family Law?
British Columbia follows Canada’s federal spousal support guidelines, and the Rule of 65 is a key factor in deciding the duration of support. If a spouse qualifies under this rule, the court may order indefinite support rather than a fixed-term payment schedule.
However, it’s important to note that “indefinite” does not always mean permanent—spousal support can still be subject to review and modification if circumstances change.
Who Can Benefit from the Rule of 65?
The Rule of 65 is designed to protect spouses who:
✅ Have spent decades out of the workforce raising children or supporting their partner’s career.
✅ Are near retirement age and have limited earning potential.
✅ Have a significant financial disadvantage compared to their ex-spouse.
✅ Would face financial hardship if support ended too soon.
The goal is to ensure that spouses who have contributed to the marriage in non-financial ways are not left without financial security after separation.
How Is Spousal Support Calculated Under the Rule of 65?
The Spousal Support Advisory Guidelines (SSAG) provide a range of support amounts, but the final decision depends on factors such as:
- Income disparity between spouses.
- Length of the marriage (the longer the marriage, the stronger the case for indefinite support).
- Financial need of the lower-earning spouse.
- Ability of the higher-earning spouse to pay support.
- Contributions to the marriage, including caregiving and homemaking.
Once it is determined that a spouse qualifies under the Rule of 65, the duration of spousal support is often left open-ended. However, support may be reviewed periodically to assess whether adjustments are necessary.
Does the Rule of 65 Guarantee Lifetime Spousal Support?
No, the Rule of 65 does not automatically guarantee lifetime spousal support. Courts still consider factors such as:
🔹 The recipient spouse’s ability to work and earn an income.
🔹 Changes in financial circumstances, such as retirement or new employment.
🔹 The paying spouse’s ability to continue making payments.
If the recipient spouse remarries or becomes financially independent, the court may terminate or reduce support payments.
What Happens When the Paying Spouse Retires?
One of the biggest concerns for those paying indefinite spousal support is retirement. Since retirement often leads to a significant decrease in income, courts allow support orders to be reviewed.
If the paying spouse retires at a reasonable age (usually 65) and can prove a substantial reduction in income, they may request:
✔️ A reduction in spousal support payments.
✔️ A termination of support obligations, depending on the recipient spouse’s financial status.
However, early retirement (before 65) does not automatically justify ending support. The court will evaluate whether the decision to retire was reasonable and necessary.
Can Spousal Support Be Modified Under the Rule of 65?
Yes, spousal support under the Rule of 65 can be reviewed and adjusted based on changing circumstances. Either spouse can apply for a variation order if:
🔹 The recipient spouse becomes financially independent.
🔹 The paying spouse experiences a significant financial decline (e.g., job loss, retirement).
🔹 New factors emerge that change the financial situation of either party.
Courts will always aim to balance fairness and ensure that the support order remains appropriate for both parties.
Key Differences Between the Rule of 65 and Other Spousal Support Rules
| Factor | Rule of 65 | Regular Spousal Support |
|---|---|---|
| Duration | Indefinite (but reviewable) | Time-limited based on need |
| Eligibility | Age + years of marriage = 65 OR 20+ years married | Based on financial need and contribution |
| Reviewable? | Yes, support can be modified | Yes, but often time-limited |
| Retirement Impact | May reduce or end payments | May result in support ending |
Understanding these key differences is important for negotiating fair settlements during divorce proceedings.
How to Prepare for a Spousal Support Case Under the Rule of 65
If you believe the Rule of 65 applies to your case, preparation is key. Here are some steps to take:
✔️ Gather financial documents: Tax returns, pay stubs, and proof of income.
✔️ Document your marriage contributions: If you were a stay-at-home parent or supported your spouse’s career, this can strengthen your case.
✔️ Consult with a family lawyer: An experienced family law attorney can help you understand your rights and negotiate fair support terms.
✔️ Plan for the future: Whether you are the paying or receiving spouse, having a financial plan in place will help you navigate changes in support obligations.
Conclusion
The Rule of 65 is an important principle in BC Family Law, helping courts determine whether a spouse should receive indefinite spousal support. It is designed to protect long-term spouses who may struggle to regain financial independence after divorce.
However, indefinite spousal support does not mean permanent support—it is always subject to review and modification based on changing financial circumstances.
If you are going through a separation or divorce, understanding how the Rule of 65 applies to your case can help you make informed decisions.
📞 Need expert legal guidance? Contact our team today to discuss your spousal support rights and obligations. We’re here to help you secure a fair and just outcome.