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After completing the mandatory introductory portion of your affidavit, you'll include the content. The clauses in this section are all optional. The ones you choose will depend on your specific situation. But you should always include the General Information clauses.

This section relates to spousal support and includes the following topics:

• General information
• Income for spousal support
• Entitlement to spousal support
• Other information

Some topics have clauses to be included if you're the recipient of spousal support, and other clauses to be included if you're the payor of spousal support.

Spousal support is paid to a former spouse under an agreement or court order. Spousal support is also called maintenance.

Under BC law, you can apply for spousal support if:

• you were married,
• you lived together in a marriage-like relationship (common-law) for at least two years, or
• you lived in a marriage-like relationship for less than two years and have a child together.

For more information, see Spousal support.

The general guidelines for this section are as follows:

1. Decide which clauses apply to your situation. Click Don't include for those that don't apply. For the clauses you include, fill in or select supporting information to complete the clause, as prompted.
2. If there's other relevant information you wish to record, include the blank text box found at the end of each topic. Insert your own statement here. Include specific and factual details, including the date (where possible).
3. If you have documentation to support one of your statements, include it as an exhibit. Select the clause found at the end of each section that says, "Attached as Exhibit…". Exhibits must be labelled in chronological order (A, B, C, etc.) in the affidavit. The commissioner who swears your affidavit must also review, label, and sign each exhibit.

Click Show instructions at the beginning of each topic for more information and specific directions.

Show instructions

Although none of the content clauses are technically mandatory, these General Information clauses are important to include in your affidavit.

1. Decide which paragraphs apply to your situation. Click Don't include for the paragraphs that don't apply.
2. For clauses 1 – 5, choose the one that best explains why you're swearing this spousal support affidavit. If your situation isn't covered by clauses 1 – 5, include clause 6 and enter your own statement in the text box.
3. Include clause 7 if you and the other party never lived together but have a child together.
4. For clauses 8 – 10, choose the one that reflects your current spousal support arrangements. If your situation isn't covered by clauses 8 – 10, include clause 11 and enter your own statement in the text box.
5. For clauses 12 and 13, choose the one that applies:
   a. If there are no previous agreements or orders about spousal support, choose clause 12.
   b. If there are previous agreements or orders about spousal support, choose clause 13. Attach the agreement or order as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
6. Include clause 14 if your agreement or order about spousal support has been filed with the Family Maintenance Enforcement Program.
7. Include clause 15 if your agreement or order about spousal support has been filed with the Family Maintenance Enforcement Program, and arrears have accrued for unpaid spousal support. Attach documentation from the Family Maintenance Enforcement Program showing the arrears as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.
8. Choose the correct clause 16 – 18 if you're seeking to change an order or agreement about spousal support. There must have been a change in circumstances since the order or agreement. Explain this and why a change in the spousal support is required.
9. Choose the correct clause 19 – 21 if you're asking the court to review spousal support, and explain why you're seeking a review. A review of spousal support may only occur if:
   a. you have an agreement or order that includes a clause that the spousal support arrangements will be reviewed upon a certain date, event, or occurrence; or
   b. either you or the other party begins to receive pension benefits.
10. Include clause 22 if there's other relevant information you wish to record. Insert your own statement in the text box.
11. Include clause 23 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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A person who's claiming spousal support, or is responding to a claim for spousal support, is required under the court rules to fill out and swear a Financial Statement (Form F8). This form requires the parties to attach their last three years' tax returns and Notices of Assessment. It also requires information about current income and expenses.

The Financial Statement helps the court determine the proper incomes of both parties (their guideline incomes). This is important in determining whether there's the need for spousal support and the ability to pay spousal support.

It's important to include information about your and the other party's income and employment so that the court can make appropriate orders.

1. Decide which paragraphs apply to your situation. Click Don't include for the paragraphs that don't apply.
2. Include the appropriate clauses 24 – 27 to describe your income and employment circumstances.
3. Include the appropriate clauses 28 – 32 to describe the other party's income and employment circumstances.
4. Include clauses 33 – 35 if you have concerns about the other party's income or employment circumstances:
   a. Choose clause 33 if there's information you think is incorrect or missing in the other party's Financial Statement.
   b. Choose clause 34 if you believe that spousal support should be based on an income that's different from what the other party earns. For example, you may think the other party's under-employed, that they have taken a job below their skill level or previous income level, have reduced the amount they work, or have a part-time job but could have a full-time job. Or you may believe that the other party isn't actively seeking employment or retraining, or isn't making efforts to become self-sufficient. If the court agrees that the party doesn't have a good reason for this or isn't making efforts to be fully employed, the court can impute a higher income to the other party. Spousal support could be based on the imputed income.
   c. Include clause 35 if you're asking the court to impute a different income to the other party. The imputed income you ask for must be based on reasonable grounds, such as minimum wage or the person's previous incomes.
5. Include clause 36 if there's other relevant information you wish to record. Insert your own statement in the text box.
6. Include clause 37 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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To determine entitlement to spousal support, the court may need to understand the roles of the parties throughout the relationship. For example, there may be an entitlement to spousal support if one spouse stayed home to raise the children while the other advanced their career, or if one spouse was disadvantaged financially as a result of the relationship and their role in the relationship.

1. Decide which paragraphs apply to your situation. Click Don't include for the paragraphs that don't apply.
2. For clauses 38 – 43 choose the one(s) that describe your role during the relationship. If your role isn't covered in clauses 38 – 43, or if you wish to include additional information about your role, include clause 44 and insert your own statement in the text box.
3. For clauses 45 – 50, choose the one(s) that describe the other party's role during the relationship. If the other party's role isn't covered in clauses 45 – 50, or if you wish to include additional information about the other party's role, include clause 51 and insert your own statement in the text box.
4. Include clause 52 to put in more details about how you shared household or family responsibilities. Describe your and the other party’s roles and responsibilities. Be specific about the types of tasks each of you did. For example, who got up in the night to care for the children, who did the housework, who made the meals or children's lunches, and who stayed home with the children when they were sick.
5. Include clause 53 to describe your educational background.
6. Include clauses 54 and/or 55 to describe the opportunities you had, or gave up, prior to and during the relationship:
   a. Choose clause 54 to describe your circumstances prior to the relationship. For example, if you gave up your employment, gave up potential opportunities to be promoted, decided not to attend post-secondary education or a program, or otherwise sacrificed your employability or future employment goals due to your family responsibilities, describe that here.
   b. Choose clause 55 to describe what opportunities you had during the relationship. For example, if you attended post-secondary education, advanced your career, or pursued financial or employment opportunities, describe that here.
7. Include clause 56 to describe the other party's educational background.
8. Include clause 57 to describe the opportunities the other party had during the relationship. For example, explain if the other person attended post-secondary education, advanced their career, or pursued financial or employment opportunities.
9. Include clause 58 if there's other relevant information you wish to record. Insert your own statement in the text box.
10. Include clause 59 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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Use these clauses if you're the person applying for spousal support (the recipient). None of these clauses are mandatory, but the court will probably need information about your current circumstances to determine your level of need for spousal support and your capacity to be or become self-sufficient.

1. Decide which paragraphs apply to your situation. Click Don't include for the paragraphs that don't apply.
2. For clauses 60 – 64, select all that apply to explain your current employment circumstances, potential opportunities, and future plans.
3. Include clause 65 if you need spousal support because your expenses are higher than your income. Explain why. This may include lack of employment, high debts from the relationship that you're responsible for, or costs related to children.
4. Include clause 66 to describe what you'd need to become financially self-sufficient.
5. Include clause 67 if you wish to add more information about why you need spousal support.
6. Include clause 68 if there's other relevant information you wish to record. Insert your own statement in the text box.
7. Include clause 69 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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Use these clauses if you're the person being asked to pay spousal support (the payor). None of these clauses are mandatory, but the court will probably need information about your current circumstances in order to determine your ability to pay spousal support.

1. Decide which paragraphs apply to your situation. Click Don't include for the paragraphs that don't apply.
2. Choose clause 70 if you don't believe you have the financial resources to pay spousal support. Explain in the text box.
3. For clauses 71 – 74, select all that apply to explain your current employment circumstances, potential opportunities, and future plans.
4. Choose clauses 75 or 76 if you have a spousal support agreement or order already in place, but you've been unable to pay the support, and arrears have accrued. Describe efforts you made to pay your obligation or to change the spousal support agreement or order.
5. Choose the appropriate clause 77 or 78 if you're seeking to have arrears owing for spousal support reduced or cancelled. Section 174 of the Family Law Act says that arrears may only be reduced or cancelled if it would be grossly unfair not to do so.
6. Include clause 79 if there's other relevant information you wish to record. Insert your own statement in the text box.
7. Include clause 80 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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If the other party is applying for orders about any of the issues above, you may want to explain why you disagree with the request or tell your side of the story.

If you're responding to a specific claim, use the above sections as guidance. Go through the other party's affidavit and respond to the points they make, referring to specific paragraphs. For example, you can say "I disagree with statements in paragraph 4 of the claimant's affidavit. My recollection of the event is as follows…".

1. Include clause 81 if you're responding to an application of the other party for spousal support orders. Specify the order they're requesting in the text box.
2. Include clause 82 to record a specific incident that reflects your side of the story. Include the date and specific, factual details.
3. Include clause 83 if there's other relevant information you wish to record. Insert your own statement in the text box.
4. Include clause 84 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit number (A, B, C, etc.) in chronological order.

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You may want to include additional statements or exhibits if there's more information you wish to share with the court regarding child support. You may include more than one of each clause, as needed:

1. Include clauses 85 – 88 if there's other relevant information you wish to record. Insert your own statement in the text box.
2. Include clauses 88 – 91 if you have supporting documentation you wish to attach. Include it as an exhibit and insert the exhibit letter (A, B, C, etc.) in chronological order.