Spousal Support Lawyer Edmonton

The end of a marriage may leave separating spouses in different financial situations. In some cases, one partner may need support to transition to an independent life as their marriage dissolves. In these situations, spousal support can be ordered to relieve the financial challenges of a partner who is left economically disadvantaged as a result of their divorce or separation.

At Verhaeghe Law, our Edmonton spousal support lawyers are committed to helping you navigate the legal complexities of your separation or divorce. Whether you need help calculating, obtaining, or disputing spousal support payments, we can assist. To learn more about your legal options, contact us online or call our Edmonton office at (587) 410-2500 today.

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 to assist 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. 

The purpose of spousal support is to recognize and reconcile economic disadvantages one party may have incurred during a marriage. Neither party’s conduct – be it deemed good or bad – is taken into consideration when payment amounts are calculated. 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.

Who is Eligible for Spousal Support?

You may be eligible for spousal support if you were married and have gotten divorced, or if you were part of an adult interdependent relationship that has ended. It is important to note that separated partners are not automatically entitled to spousal support – the final judgment will depend on your financial circumstances. 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 make you automatically eligible for spousal support. Typically, there must be proof of a relationship of substance between two separating spouses. Contact our Edmonton family lawyers to discuss the particulars of your situation.

How is Spousal Support Calculated?

To calculate how much spousal support is to be paid, both parties must produce a comprehensive financial disclosure. This may include:

• Tax returns dating back 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. Where there are no children, or children are adults, calculations are made according to:

• Low-end amount: Calculating 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.
• High-end amount: Calculating 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 can be paid in spousal support would render the parties equal in terms of income.

Where there are children, calculations can be 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 can vary significantly, depending on where the children live, how parenting time and decision-making responsibility are shared, and more.

Why Do I Need an Edmonton Spousal Support Lawyer?

Spousal support can often be one of the most contentious aspects of a separation or divorce. Whether you are seeking support or facing an obligation to pay, having an experienced Edmonton spousal support lawyer is critical for an equitable outcome. Here’s why working with our Edmonton spousal support lawyers at Verhaeghe Law can make a positive difference in your spousal support case:

• Understanding Your Legal Entitlements and Obligations: Not everyone is entitled to spousal support, and Alberta’s laws are nuanced. Our skilled team will assess all aspects of your situation to determine whether you are eligible to receive or are required to pay support.
• Proper Calculation of Spousal Support: Spousal support is not a one-size-fits-all calculation. Lawyers use guidelines that consider a variety of factors such as income, standard of living, and the financial needs of both parties. Our Edmonton spousal support lawyers will help make sure the amount of support calculated in your case is relevant and fair.
• Negotiation and Mediation: Resolving spousal support disputes often requires negotiation. Our lawyers will act as your advocate during mediation or out-of-court discussions, helping you reach an agreement that avoids lengthy litigation while still protecting your financial interests. In the event that you need to pursue litigation, we will advocate for you in court.

At Verhaeghe Law, our dedicated spousal support lawyers in Edmonton are here to guide you through the complexities of spousal support claims. Whether you are negotiating an initial agreement, looking to modify an existing order, or enforcing a court ruling, our legal team will ensure your rights are protected.

Contact Our Edmonton Spousal Support Lawyers Today for a Consultation

Spousal support is intended to recognize economic disparities that arose throughout the course of a marriage, thereby providing the disadvantaged partner with support as they transition out of the partnership. Many different factors may influence a person’s eligibility for spousal support. 

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. You can schedule your consultation with our team online or call our Edmonton office at (587) 410-2500.