Common Issues in Family Law Mediation and Arbitration

It can be difficult to navigate the legalities of a family issue, especially when it comes to mediation and arbitration. Problems may sometimes arise, adding stress to what is probably already an emotional process.

It may be a good idea to familiarize yourself with some of these potential challenges ahead of time, so you can be as prepared as possible. Our Edmonton family lawyers at Verhaeghe Law Office may be able to walk you through your options in a family law matter. Contact us today to schedule a consultation.

What Is Mediation and Arbitration?

In the province of Alberta, the acronym ADR stands for Adaptive, Appropriate, or Alternative Dispute Resolution. Under the umbrella of family law, an ADR typically refers to alternative dispute resolutions that may be used for divorces or separations.

In a family mediation, the two separating spouses have a chance to discuss the terms of their separation with the help of a neutral third party. This mediator may provide guidance and help the parties navigate through agreement-focused conversations regarding parenting plans, division of property, and more. This ADR may be the best choice when both parties are actively willing to collaborate, as it is their responsibility to reach a mutual agreement.

Similarly, arbitration is a resolution option in which a neutral third party meets with the separating spouses. But unlike family mediation, the arbitrator acts similarly to a judge, and may decide on issues and make binding orders based on what they learn from the separating parties.

Unwillingness to Cooperate

Both mediation and arbitration are court alternatives for divorce or family law proceedings in Edmonton. In order for them to work, the two parties must be willing to cooperate with each other to some extent. If there is an unwillingness to work together, then an ADR may not be the best option, and the case may instead have to go to court.

To that point, mediation or arbitration will not work if one of the parties withholds compulsory information or documentation. If you or your separating partner are unwilling to participate in good faith or there is a high degree of emotional intensity, then an ADR may not be successful. In any case, you may want to speak to an Edmonton family lawyer about what option is most appropriate for you and your family.

Deciding If Mediation or Arbitration Is Right for You

A successful mediation or arbitration is one that ends with the signing of legal documents. These agreements may enforce and formalize the decisions that were reached during the ADR process.

In most cases, you have the option of walking away from an ADR without signing any documents. ADRs are not usually compulsory, so they can be terminated if they are not working for one or both parties. In these cases, you will likely have to take your case to court.

Mediators and arbitrators may take the time to ask you questions to determine if an ADR is the most correct choice for your case. For example, if there are safety concerns, high amounts of conflict, a power imbalance, or family violence, they may deem that an ADR is not appropriate.

Contact Our Edmonton Family Lawyers to Schedule a Consultation

Depending on your circumstances, you may find there are more pros than cons to mediation or arbitration. ADRs tend to be more cooperative, child-friendly, private, less time consuming, and cost effective. That being said, you should consider all potential benefits and issues in order to determine what could work best in your situation.

At Verhaeghe Law Office, our family lawyers are available for a consultation if you need legal assistance. Contact us today to schedule a consultation.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

Tips for Working With Your Family Lawyer

There are many reasons why you may require the assistance of a family lawyer. Whether you are undergoing a separation, divorce, adoption, or any other legal changes to your family unit, a family lawyer may be able to offer necessary guidance and support.

Family law can be complex. To ensure your process goes as smoothly as possible, there are some ways in which you can help yourself and your lawyer. At Verhaeghe Law Office, our Edmonton family lawyers have decades of experience in family law matters. Contact us today to schedule an appointment.

Organize and Collect Necessary Documents

When working with a lawyer, it may be useful to prepare notes and gather any information that could help your lawyer understand your position and family dynamic. Your case may require many particular documents such as financial records, property and asset information, and more. A major way you may be able to help streamline your family law process is by being as prepared and organized as possible.

It may also prove useful to familiarize yourself with the basic principles of family law legislation as it pertains to your case. Do not be afraid to ask clarifying questions and stay actively engaged throughout the process.

Communication is Key

When working with a lawyer, it is important to communicate openly and honestly about the details of your case, your goals and needs, and your concerns. Foster a trusting relationship by communicating as clearly as you can with your lawyer and their entire team.

Providing and accepting feedback may also be helpful - that way, you can move through conflict in a professional and efficient manner should it arise. There should be a level of mutual respect between you and your lawyer when it comes to each other’s time commitments, boundaries, and obligations. Together, your Edmonton family lawyer may be able to help you and your family through what is oftentimes an emotional legal process.

Focus on Resolution

It is important to collaborate constructively with your lawyer and their team. No matter how emotional your case may be, focus on finding a resolution for the sake of all the parties involved - especially if there are children. Stay open to the idea of negotiation or compromise where possible.

You may also want to try to manage your expectations along the way. Cases take time and may not go as you expect, so be ready to adapt to change. By doing so, you and your collaborators may make important decisions more efficiently - such as determining new living situations, spousal support payments, or how to succeed at co-parenting after a separation or a divorce.

Schedule a Consultation with Our Edmonton Family Lawyers Today

There are ways to assist your family lawyer as they navigate the legal intricacies of your case. Do what you can to help yourself by being prepared, focused, and keeping an open line of communication throughout every step of the process.

At Verhaeghe Law Office, our Edmonton family lawyers work with clients facing many different types of family matters. Whether you are looking into adoption, creating a prenup, or filing for divorce, we may be able to provide you with legal guidance that is tailored to your unique needs. Contact us to schedule a consultation today.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

The Impact of Alberta’s Family Law Act on Separating Couples in Alberta

The termination of a relationship can be an emotional and complex situation. When two people separate in Alberta, several key laws that govern family matters come into play. The most significant one is the Family Law Act, which helps couples navigate disputes over support issues, guardianship decisions, and more.

At Verhaeghe Law, our Alberta family lawyers have decades of experience in all areas pertaining to family law. From the division of assets to child custody, we offer tailored legal solutions, in-depth case consultations, and a team that is committed to serving your best interests.

Defining Separation and Separation Agreements

In Alberta, a married couple may have decided to separate, which is often considered the step preceding a divorce. When not married, a couple is considered to be in an adult interdependent partnership (AIP). Often referred to as "common law", an AIP is established if they have lived together for at least three years, have a child together, or have entered into an adult interdependent partner agreement. AIPs may terminate the relationship by written agreement or by living apart for one year.

For both AIPs and married couples, when the two parties start living apart from one another, they are considered separated. There are also instances where couples are considered separated even if they live under the same roof. When couples temporarily reconcile their relationship or are separated but still live together, defining an ongoing separation may become complicated. In these particular situations, it may be useful to file a separation agreement.

A legally-binding document, separation agreements may provide a clear outline of how the two parties intend to divide property, debts, and assets. It may also lay out plans for child and spousal support, and other child-related decisions and responsibilities.

Contactl our offices to have a Verhaeghe Law family lawyer review your separation options and help you make the next step.

Child Support after Separation

Under the Family Law Act, regulations surrounding child support during a separation include the guardianship of children and establishing parentage. It also addresses a child's contact with a non-parent or non-guardian, and spousal/partner and child support obligations for previous spouses/partners who are not seeking a divorce or were never married. The Alberta Child Support Guidelines provides specific details about child support obligations of non-married parents.

You may qualify for child support if you have care and control over a child, even if you are not the parent. Child support amounts are decided based on the income levels of both parents and the child's needs. Parenting agreements may also be taken into account, as well as additional expenses such as a child's extracurricular activities or health care requirements.

Both parents are expected to financially contribute to the best of their ability. If you are experiencing an ongoing separation and have inquiries about child support in Alberta, it is recommended to consult with a family lawyer.

Spousal Support after Separation

Unlike the mandatory nature of child support, spousal support guidelines during a separation are advisory, meaning there is flexibility in how support is calculated and determined. Some factors include:

1. Length of the marriage or relationship: The marital/relationship duration may increase the probability of spousal support being granted, especially if one partner has been financially reliant on the other.
2. Financial need: Both spouses' financial circumstances will be examined, encompassing their income, assets, and capacity for earning. If one spouse requires financial assistance and the other has the means to provide, spousal support might be allotted.
3. Standard of living during the marriage/AIP: Maintaining a lifestyle similar to what it was during the marriage might be considered, particularly if one spouse significantly contributed to the household but may suffer financially post-separation.
4. Childcare responsibilities: If one spouse serves as the primary caregiver and cannot work full-time due to childcare duties, this could impact the decision regarding spousal support.
5. Age and health of the spouses: The age and health of both partners may be considered if it affects their capability to work and support themselves financially.
6. Agreements between spouses: Couples can also come to spousal support agreements through direct negotiation or mediated settlements, subject to court approval.

It is important to note that spousal support may be temporary or long-term, based on the specifics of each case and the needs of the separating couple. Spousal support is determined under the Family Law Act if the parties are applying after living in an adult interdependent relationship, or if the parties were married and are now undergoing separation, but have not yet commenced divorce proceedings.

Parenting and Custody

Under the Family Law Act, the term "parenting" is used instead of "custody" to describe the plan created by separated parents that will outline how decisions will be made for shared children. It also outlines how the parents' time with the child will be split.

Similar to custody options under the federal Divorce Act, parenting arrangements may take many different forms. Children may see an equal 50-50 split of their time between parents. In these shared situations, major decisions tend to be made together by both parents and responsibilities tend to be split evenly.

In the case of two or more children, one child may live mostly with one parent while the other child lives mainly with the other. In these situations, parents may still have split responsibilities.

Sometimes, the agreed parenting arrangement may dictate that the child live with one parent only, meaning that parent has the right to make all major decisions. The other parent may still have access to the child on a less frequent basis.

These plans may alter as children grow and their needs change. Alberta's Family Law Act addresses all areas of parenting agreements between couples who were never married or are married and not yet seeking a divorce. Contact our legal team to learn more about your parenting rights.

Alternative Dispute Resolution and Other Areas

Another noteworthy section of the Family Law Act as it pertains to separation is its emphasis on alternative dispute resolution. The act advocates for mediation and other alternative dispute resolution methods to facilitate separating couples in reaching agreements concerning their separation, particularly surrounding support and parenting arrangements. These processes are in place so that court can be avoided unless absolutely necessary.

The act also addresses protection orders in instances of family violence. These may involve restraining orders aimed at keeping an abusive partner away from the threatened partners and any children.

Plus, Family Court Assistance provides many educational seminars regarding family law matters, including:

• Parenting After Separation (PAS)
• Parenting After Separation for High Conflict Families (PASHC)
• Focus On Communication in Separation (FOCIS)

Contact Our Legal Team For a Consultation

The end of a relationship can take an emotional toll on all parties involved. If you are undergoing a separation and are uncertain about spousal or child support obligations in Alberta, it is advisable to seek legal counsel from a family lawyer who can offer expert guidance. We aim to work with clients to reach a satisfactory resolution in a timely manner. Contact us today to schedule an initial consultation and learn more about separation and other family law matters.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

Considerations for an Adult Interdependent Partnership Agreement in Edmonton

In Alberta, many people are in committed partnerships and relationships outside of marriage. Adult interdependent relationships may occur when two people live together in a relationship of interdependence. In the past few years, the Alberta government has made amendments to their adult interdependent relationships section, specifically pertaining to partnership agreements.

To navigate these changes, it may be useful to seek legal counsel. Lawyers at Verhaeghe Law provide residents of Edmonton, Athabasca, and Whitecourt with legal assistance in many areas including family law. They approach each client with detail-oriented care, adhere to your particular needs, and work to ensure you have the required support to make informed decisions.

To schedule a first consultation, contact us today to learn how our Edmonton family lawyers might be able to help you understand your adult interdependent partnership.

Defining Adult Interdependent Partnerships

As defined under the province's Adult Interdependent Relationships Act, adult interdependent partnerships (AIPs) are made up of two people who are living together in a state of interdependence:

• For at least three continuous years
• In some permanence (for at least three years) if they share a child, or
• Those who have entered an adult interdependent partner agreement

A relationship of interdependence is between two people who are unmarried that still share a life together, are emotionally committed to each other, and operate as a domestic and economic unit.

The Adult Interdependent Relationships Act sets out factors to consider when analyzing the economic and domestic function of two people. These include the exclusivity of their relationship, support and care of children, property ownership, the degree of financial dependence between them, and more.

Types of Adult Interdependent Relationships

Having replaced the term "common-law partnerships" in Alberta legislation, there are now a wide range of committed partnership types that fall under the interdependent relationship umbrella. They may include:

• Two people in a romantic, marriage-like relationship
• Two people in a non-romantic partnership
• Two family members

In 2020, the Alberta government amended the Matrimonial Property Act to include adult interdependent relationships as well as married spouses, renaming it the Family Property Act.

To be considered adult interdependent partners, two people who are related to one another (by blood or adoption) must sign an adult interdependent partner agreement (AIPA).

Entering an AIPA

An adult interdependent partner agreement may be used by two people who are living together or plan to live together in an interdependent relationship. A document that legally recognizes the status of their partnership, the form is provided by the Adult Interdependent Partner Agreement Regulation.

The agreement may entitle parties to benefits and protections, including health insurance coverage and pension benefits. It may also make them eligible for spousal support and/or division of property and assets should the relationship end.

The agreement calls for a specific format that must include certain information, and may need to meet circumstantial requirements at the time of signing in order to be valid. Plus, entering an agreement may affect both parties' obligations and rights.

When considering the specificity of drafting, signing, and adhering to an AIPA, it may be beneficial to get legal assistance. Lawyers may also be able to answer any questions about entering an agreement or review an existing one.

Our family lawyers at Verhaeghe Law may be able to include all necessary provisions so that both parties feel represented and heard. This may include outlining financial arrangements, property rights, and other responsibilities. Contact us today to schedule a consultation and take the next steps.

Knowing Your Rights as an AIP

Adult interdependent partners are entitled to similar rights and responsibilities as married couples, irrespective of whether they have a formal adult interdependent partnership agreement or whether their relationship is romantic or platonic.

AIPs can expect:

• Eligibility for partner support or an obligation to provide it under Alberta's Family Law Act if the relationship ends.
• The ability to seek support and maintenance from a partner's estate under the Wills and Successions Act, especially if the partner dies without a will or inadequately provides for the other partner in their will.
• Property division as per the guidelines established in the Family Property Act, (if the relationship concludes after January 1, 2020).
• Entitlement to partner benefits under various legislations such as the Workers Compensation Act, the Victims of Crime Act, and the Assured Income for the Severely Handicapped Act.
• The option to insure an AIP's life and receive insurance benefits.

Similar to married couples, AIPs can also choose to customize or opt out of the regulations concerning property division or partner support outlined in the Family Property Act and the Family Law Act by creating a cohabitation agreement or separation agreement.

To safeguard property and assets effectively, AIPs may want to consider establishing a cohabitation agreement. A document that gives both parties the chance to outline their responsibilities and roles in the relationship, the agreement may also specify how property will be divided and whether support should be provided if separation occurs.

Terminating an AIPA

Similar to the divorce process for married couples, ending an AIPA may require certain legal procedures, particularly if both partners cannot reach an agreement to the terms. This process might encompass the division of property and assets accrued throughout the partnership.

Every situation is different - some AIPs may have to sign a written agreement stating they plan to live separately without the possibility of reconciliation, while others may have to obtain a declaration of irreconcilability under the Family Law Act. It all depends on the terms of their agreement.

Under an AIPA and in accordance with the Family Property Act, partners must make a claim for property division within two years from the date the applicant knew the relationship had ended. Should conflicts arise concerning the distribution of property, financial assistance, or any other aspects outlined in the AIPA, a lawyer can advocate for a partner's concerns during legal proceedings and assist in managing the process.

Schedule a Consultation with Our Edmonton Family Lawyers Today

Adult interdependent partnerships are increasingly common amongst Canadians. In Alberta, the government has amended their legislation to ensure all family structures have similar rights and responsibilities.

Our family lawyers at Verhaeghe Law may be able to assist you with aspects of adult interdependent partnerships and agreements. Samongeeking legal counsel may be useful for not only drafting and terminating AIPAs, but also for amending existing agreements as your personal situation shifts, or for mediating term negotiations and disputes as they arise.

Contact our office to book a first consultation and discuss how we may be able to assist you through the AIPA process.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

Property Division in Edmonton: The Basics of Matrimonial Property

For many people, the end of a marriage or adult interdependent relationship involves a disentanglement of property the spouses have shared over the course of their partnership. This may be a very emotional process. While the ideal situation may be for both parties to collaborate in good faith on their property division, this may not always be the reality as a relationship ends.

Our Edmonton family lawyers at Verhaeghe Law approach each client with individual care, understanding that no two cases are the same. When you book your initial consultation with our team, we will listen to your story and work hard to address your questions and concerns. Contact us today to learn how we might be able to help.

What Is Matrimonial Property?

Matrimonial property refers to assets and liabilities you may have shared with your spouse over the course of your marriage or adult interdependent relationship. In the case of the matrimonial home, there may be special provisions. The house in which the parties lived together may be subject to property division even if only one of the parties was on title.

Generally, matrimonial property subject to division may include real estate properties, bank accounts, investments, businesses and business assets, cars, household goods, and more. If you would like to discuss a particular item of property and whether it may be subject to division in a separation or divorce, speak with our Edmonton family lawyers today.

What Is Not Subject to Division?

If the two separating parties agree on how they will divide their property, they may do so according to their wishes. However, if the parties cannot agree, there are provisions to guide the process under Alberta's Family Property Act.

With some exceptions, assets that a spouse had before entering into the marriage or adult interdependent relationship may not be subject to division. However, the amount of value an asset has accrued over the course of the marriage may be considered matrimonial property, and therefore subject to division.

Assets that may not be considered matrimonial property can include an inheritance directed to only one of the spouses, individual gifts, and tort settlements from personal injury or other civil claims.

If you have a prenuptial agreement or other kind of formal agreement that provides for particular protections regarding your assets, this may dictate how you and your former spouse divide your property. Likewise, drafting a separation agreement might help clarify each partner's priorities regarding property, should their relationship end.

Our team of Edmonton family lawyers understands the highly personal and individual nature of each relationship. We strive to approach each client with tailored dedication, listening to your unique needs and offering insights aimed at helping you navigate your separation with as much ease as possible. Contact us today to learn more.

Considerations During a Dispute Regarding Property Division in Edmonton

While most property division disputes are settled out of court, the intervention of a judge may be available should the separating parties be unable to come to an agreement. The parties may go through an equalization process, aimed at recognizing the financial losses one party may have incurred to benefit the other while they were together. The party with a higher net family property value at the end of the relationship may be required to remit equalization payments to the party with a lower net family property value.

When assessing a matter of property division, a judge may consider the following factors:

• The net family property value of each spouse
• How long the parties were married or an in an adult interdependent relationship
• Whether there are children involved
• Who owns what property
• When any relevant property was acquired
• Whether one spouse engaged in conduct that dissipated assets, causing disadvantage to the other spouse (e.g. gambling)
• The value that each spouse brought into the relationship, in terms of contributions
• Whether there are business interests involved
• Whether there are existing agreements between the spouses, such as a prenuptial agreement, an adult interdependent relationship agreement, a separation agreement, or more
• Whether either spouse has debt and/or tax liabilities
• Whether there are Court orders against either of the spouses
• And more

Many factors go into the decision-making at the root of property division in Edmonton. As with any dispute, the best way to resolve an issue may be to collaborate and come to an amicable agreement. However, because of the emotional, vulnerable nature of an intimate partner relationship, navigating property division during a separation may not always be graceful.

Our team at Verhaeghe Law recognizes that each relationship is different. From mediation and collaborative divorce to preparation for court, our Edmonton family lawyers are here to discuss the options that may be available in your unique case.

Contact Our Edmonton Family Lawyers Today For a Consultation

Disentangling property can be a stressful process in the aftermath of a separation or divorce. Under ideal circumstances, the separating couple comes to an agreement about how their matrimonial property should be divided. Unfortunately, the reality is often more complicated, and contentions may arise.

At Verhaeghe Law, our Edmonton family lawyers understand the emotional nature of property division. We strive to approach each case with compassion and diligence, working together with our clients to clarify your particular needs. Contact us today to book your initial consultation and learn what a difference we might be able to make for you.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer

Spousal Support Guidelines in Edmonton: How Are Payments Determined?

The end of a marriage may leave the separating spouses in different financial situations. Over the course of the marriage, the distribution of household labour may have placed one partner in a financially advantageous position, for example, while the other partner may have put their career on hold in order to care for children. In some cases, one partner may have been wholly dependent on the other, and may need support to transition to independent life as the marriage dissolves.

In some cases, spousal support may be ordered to relieve the financial challenges of the partner who is left in an economically disadvantaged position as a result of the marriage and subsequent divorce. To learn more, including how our Edmonton family lawyers might be able to help you calculate and obtain support, contact us today and schedule your initial consultation.

What Is Spousal Support?

Spousal support, governed by Alberta's Family Law Act and the Divorce Act of Canada, is a payment that one former spouse pays to the other in order to provide assistance with their financial transition out of the marriage. Spousal support may be paid in a lump sum, it may be divided over a series of ongoing payments for a set period of time, or it may be indefinite.

Unlike child support, the guidelines outlining spousal support are advisory, meaning there may be leeway in decision-making associated with how spousal support is calculated and paid.

Who Is Eligible for Spousal Support?

Questions of spousal support typically arise with regards to the end of a marriage or adult interdependent relationship. In Alberta, you may be considered to have been in an adult interdependent partnership if you have been in a relationship of interdependence with another adult for:

• three years;
• less than three years, with a signed Adult Interdependent Partnership Agreement; or
• less than three years, if the two of you share a child.

Sharing a child with someone does not necessarily mean you may be eligible for spousal support. Typically, there must be proof of a relationship of substance between the two separating spouses. Contact our Edmonton family lawyers to discuss your particular situation.

The purpose of spousal support is to recognize and reconcile economic disadvantages one party may have incurred as a result of the marriage. Neither party's conduct - be it deemed good or bad - is taken into consideration. Spousal support is not intended to be a reward or punishment. It is aimed to provide support towards an equitable financial transition out of the partnership.

How is Spousal Support Calculated?

In order to calculate how much spousal support may be ordered, both parties must produce a comprehensive financial disclosure. This may include:

• Tax returns dating back to at least three years
• Notices of Assessment from the past three years
• Proof of income, such as pay stubs, for the past tax year
• A list of monthly expenses
• A list of debts and assets
• Proof of registration in educational institutions, if relevant
• Proof of medical issues, if relevant
• And more

When calculating spousal support, disparities in income alone may not warrant entitlement. Two main formulations guide the calculation of spousal support:

1. Where there are no children, or the children are adults, the range may be calculated thus:
   1. Low end amount: Calculate the difference between the two parties; gross incomes. Multiply this amount by 0.015, then multiply that number by the years of the parties' cohabitation.
   2. High end amount: Calculate the difference between the two parties; gross incomes. Multiply this amount by 0.2, then multiply that number by the years of the parties' cohabitation.

The maximum that may be paid in spousal support would render the parties equal in terms of income.

1. Where there are children, the calculations are more complicated, and may be conducted in tandem with child support calculations. You may be able to estimate a general amount by adding each party's net disposable income (after childcare expenses, taxes, and deductions). In some cases, between 40-46% of the combined net disposable income may be paid to the receiver spouse. This amount may vary significantly, depending on where the children live, how parenting time and decision-making responsibility is shaped, and more.

In order to learn more about spousal support, including what may be available in your case, contact us today to schedule a consultation with our Edmonton family lawyers. We are here to discuss your particular circumstances, and provide insights on what may be possible for you.

Contact Our Edmonton Family Lawyers Today For a Consultation

Spousal support is intended to recognize economic disparities that may have arisen as a result of a marriage, and to provide the disadvantaged partner with support as they transition out of the partnership. Where relevant, it may be calculated in conjunction with child support.

Many different factors may influence a person's eligibility for spousal support, as well as the amount that may be ordered. Contact our Edmonton family lawyers at Verhaeghe Law to discuss the details of your particular case, and learn how we might be able to serve you.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.

What Is the Difference Between an Adult Interdependent Relationship and a Marriage in Edmonton?

What Is Family Docket Court in Edmonton?

What Is Indefinite Support in Edmonton?

Money is often a major question when it comes to the end of a marriage or adult interdependent relationship. Because it is not uncommon for partners to share finances, the end of a relationship may mean significant financial changes for one or both individuals as their lives take on new directions.

Depending on the circumstances, spousal support may be ordered to help a spouse transition to financial independence. It may be ordered for a set amount of time, or it may have no determined end date, which would make it indefinite. 

To learn more, and see how our Edmonton family lawyers at Verhaeghe Law may be of service in your particular case, contact us today to set up your consultation.

What is Spousal Support?

Spousal support is a regular payment from a higher-earning spouse or adult interdependent partner to a lower-earning spouse or adult interdependent partner following their separation. It is intended to help the lower-earning partner bridge the gap between financial circumstances in light of the relationship’s end, and transition to a financially independent life.

Every relationship is different, and the ways in which couples navigate their financial interdependence may vary vastly. In some cases, one partner may forgo their career in favour of sustaining the children and the matrimonial home while the other partner pursues income. Without spousal support, the non-earning partner may face immense financial hardship following a separation.

In some cases, spouses may set up the terms of spousal support in a separation agreement, which may indicate a period of time in which the higher-earning spouse will provide support to the other. There is no official set period for spousal support, however. If the spouses do not have a mutual agreement, a judge may decide whether spousal support is applicable, and how long it must be paid. 

Considerations for Determining Spousal Support

The court will consider many factors in determining how much spousal or partner support must be paid, and for how long. Spousal support is paid to a lower-earning spouse by a higher-earning spouse. Factors considered in determining whether it is applicable may include:

• How long the parties were married
• Both former spouses’ financial circumstances
• The roles both spouses played during the marriage, e.g., homemaker/primary earner
• Whether the spouses share children
• Whether there are existing orders or agreements for spousal support in place
• And more

For tailored insight into your particular circumstances, contact us to set up a consultation with our Edmonton family lawyers today.

The length of time support must be paid typically depends on how long the spouses were together, and always ends when the recipient passes away. In some cases, spousal support may end earlier. It may end when the payor passes away, unless they leave behind assets such as life insurance or RRSPs, which may continue to pay spousal support. 

Likewise, spousal support may end when the recipient spouse remarries or enters into a new adult interdependent relationship (for more details, read our blog “How Does Getting Remarried Affect Spousal Support Payments in Alberta?”) 

Spousal support orders or agreements may specify events or dates that might trigger an end to payments. Examples include when the payor spouse retires, or when the recipient spouse remarries. 

If no end dates are specified, the spousal support is indefinite. However, even indefinite spousal support in Alberta may be altered, depending on the circumstances.

When Might Spousal Support Be Indefinite?

Sometimes, a judge may order indefinite spousal support as a means of keeping the support open-ended, with the opportunity for the order to be changed or terminated in the future.

According to the federal Spousal Support Advisory Guidelines, there are two main situations in which a court may award indefinite support in Alberta:

• When a marriage or adult interdependent relationship has lasted 20 years or longer (“Rule of 20”)
• When the length of a marriage or adult interdependent relationship, added to the recipient’s age, equals 65 or more (“Rule of 65”)

Both situations consider the age of the recipient, and the difficulty of transitioning to financial independence after a substantial time of interdependence.

How to Change a Spousal Support Order

A spousal support order may be altered or terminated under circumstances that indicate a material change. Examples of such a change include:

• The recipient spouse remarrying or entering a new adult interdependent relationship, in which their financial circumstances change
• The recipient spouse having a change in their own financial status, such as receiving a substantial raise in salary, which may render them self-sufficient
• The payor of support becoming no longer able to sustain a certain level of income, such as due to retirement, injury, or illness

To learn more, including how to change spousal or partner support in Alberta, contact our Edmonton family lawyers today to schedule a consultation.

Contact Our Edmonton Family Lawyers Today for a Consultation

Spousal support can be a challenging aspect to navigate in family law. What may be possible depends on the particulars of your and your former spouse’s circumstances, and may change as time goes on. For a dedicated consultation on what may be possible for you, contact us today to speak with the Edmonton family lawyers at Verhaeghe Law.

** Please note, this article is intended as a general overview on the subject of family law, and is not intended to be legal advice. If you are seeking legal advice, please consult with an Alberta family lawyer.