When a short-term marriage ends, many people are unsure whether spousal support will even be an issue. In Alberta, support is not automatic after a short relationship, but it is also not limited to long marriages. The federal Divorce Act and provincial Family Law Act allow courts to order spousal or partner support based on the circumstances, including the length of the relationship and the financial impact of the separation.
Short-term marriages often raise particular questions about how long support will last and how much will be paid. An Edmonton spousal support lawyer can help you understand what the law may mean for your situation.
How Alberta Law Defines A Short-Term Marriage For Spousal Support
There is no single statutory definition of a short-term marriage, but the federal Spousal Support Advisory Guidelines treat relationships under about five years in length as short, especially where there are no children.
In these cases, courts tend to focus on whether there was a meaningful economic disadvantage arising from the relationship. Someone who left work or school for a few years, or who followed a spouse for work, may still have a support claim even after a relatively brief marriage. On the other hand, if both partners worked continuously and kept their finances mostly separate, support might not be appropriate.
Factors Alberta Courts Consider In Short-Duration Spousal Support Claims
When deciding whether to order support and, if so, in what amount and for how long, Alberta courts consider a number of factors. These include the length of the relationship, each person’s income and earning capacity, the roles they played during the marriage, and any economic hardship created by the separation.
In a short-term marriage without children, the focus is often on transition rather than long-term income sharing. The court may consider whether one spouse needs temporary support to get back on their feet, complete education or training, or adjust to living independently. The Spousal Support Advisory Guidelines provide ranges for amount and duration that lawyers and judges frequently refer to, but these are advisory only and can be adapted to the circumstances. Read our article on spousal support guidelines in Edmonton for additional helpful background information.
How The Spousal Support Advisory Guidelines Treat Short Alberta Marriages
For shorter marriages, the Guidelines often suggest relatively shorter durations of support. Without children, the “without child support” formula typically links the amount and duration of support to the length of the relationship and the difference in the parties’ incomes.
In many short-term cases, support may last for a period measured in months or a few years rather than indefinitely. However, there are exceptions. For example, even in a short relationship, a person who is older, in poor health or significantly disadvantaged in earning capacity may receive support for a longer period. Conversely, if both parties are financially self-sufficient, support may be denied altogether.
Negotiating Spousal Support For Short-Term Marriages Outside Court
Many short-term marriage cases are resolved without a judge making the final decision. Negotiation, mediation and other court alternatives for family law proceedings can be effective ways to reach a practical agreement on support that reflects both parties’ needs and goals.
In negotiation, the Spousal Support Advisory Guidelines provide a starting point for discussing ranges, but the parties can agree to adjust timing or payment structures to suit their situation. For example, some couples prefer a shorter period of higher monthly payments, while others opt for a lump sum payment in exchange for ending ongoing obligations. Legal advice is important before signing any agreement, as support terms can have significant tax and financial implications.
When To Speak With An Edmonton Spousal Support Lawyer About A Short Marriage
If you are at the end of a short-term marriage in Alberta, you may be wondering whether it is worth seeking advice. It can be helpful to consult an Edmonton family lawyer if there is a significant income difference between you and your former spouse, if you made career or education sacrifices for the relationship, or if you are being asked to pay support and are unsure whether the amount or duration proposed is reasonable.
A lawyer can review your financial information, explain how Alberta courts tend to approach cases like yours, and help you weigh the cost and benefit of pursuing support or responding to a claim. Our guide to changing spousal or partner support in Alberta also highlights that support arrangements are sometimes reviewable as circumstances change.
How Verhaeghe Law Can Help With Short-Term Marriage Spousal Support
Short-term marriages can still involve complex financial issues. At Verhaeghe Law Office, our team works with clients in Edmonton, Athabasca and Whitecourt on both initial spousal support claims and variations. We draw on our experience with the Spousal Support Advisory Guidelines and Alberta case law to help clients understand realistic ranges, negotiate practical solutions, and, where necessary, present their case in court.
To learn more about spousal support following a short-term marriage in Alberta, contact our Edmonton family lawyers or call (587) 410-2500 to book a consultation.
Please note, the information in this article does not constitute legal advice. It is intended as a general overview of an area of family law. For legal advice, please consult with a lawyer.