When a relationship ends, it is common for former spouses or partners to find themselves in very different financial positions. One person may have stepped back from their career to raise children or support the household. Another may have a significantly higher earning capacity. Spousal support is intended to help address these financial imbalances and support a fair transition for both people after separation or divorce.
At Verhaeghe Law, our Edmonton spousal support lawyers work with clients throughout Alberta to help them understand their rights and obligations, negotiate practical arrangements, and, when needed, bring or defend spousal support claims in court. If you would like to discuss your options, contact us online or call our Edmonton office at (587) 410-2500 to book a consultation with our legal team.
What Is Spousal Support in Alberta?
Spousal support (sometimes called “alimony” or “maintenance”) is money paid by one former spouse to the other after a separation or divorce. It can be ordered under both the federal Divorce Act and Alberta’s Family Law Act.
Spousal support can be:
- Paid monthly or at other regular intervals
- Ordered for a set period of time or on an “indefinite” basis (duration not specified)
- Paid as a lump sum in certain circumstances
Unlike child support, which is calculated using binding tables, spousal support in Canada is guided by the Spousal Support Advisory Guidelines. These guidelines provide suggested ranges for amount and duration, but they are advisory only. Courts and lawyers use them as a starting point while they adjust for the facts of each case.
The federal government explains that spousal support orders are intended to:
- Recognize economic advantages or disadvantages arising from the marriage or its breakdown
- Share the financial responsibilities of child care between spouses
- Relieve economic hardship arising from the breakdown
- Promote the economic self-sufficiency of each spouse within a reasonable period of time
These objectives are set out in section 15.2 of the Divorce Act and in related federal guidance on spousal support. It is important to note that spousal support is not meant to punish one spouse or reward another. Instead, it focuses on fairness and the financial realities following separation.
Who May Be Eligible For Spousal Support?
You may be able to claim or be asked to pay spousal support if:
- You are married and you separate from your spouse, with or without a formal divorce in progress
- You were in an adult interdependent relationship, sometimes called a common law relationship, and it has ended
In Alberta, an adult interdependent partner is generally someone who:
- Lived in a relationship of interdependence with another adult for at least three years
- Lived together in a relationship of some permanence and have a child together
- Or signed an Adult Interdependent Partner Agreement
Sharing a child or living together does not automatically mean support will be ordered. Courts look at the whole relationship, including its length, the roles each person played, and whether one person is now economically disadvantaged as a result. The Alberta Courts’ family law resources provide general information about spousal and partner support in the province.
Our Edmonton spousal support lawyers can review your history, finances, and goals, and help you understand whether support is likely to be an issue in your case.
How Is Spousal Support Calculated in Edmonton?
To assess eligibility (also called entitlement) and calculate potential support, both parties must provide full and honest financial disclosure. Alberta Justice explains that when you apply for spousal or partner support, you are usually expected to provide:
- Complete tax returns for at least the past three years
- CRA Notices of Assessment for the past three years
- Recent pay stubs or other proof of income
- A list of monthly expenses
- A list of assets and debts
- Details about any medical or educational needs
- And potentially more
Spousal Support Advisory Guidelines
Once financial disclosure by each partner is complete, their lawyers and the court often use the Spousal Support Advisory Guidelines (SSAGs) to generate an appropriate range for the amount and duration.
- Without Children: The SSAG formula generally looks at the difference between the spouses’ gross incomes and the length of the relationship.
- With Children: Calculations become more complex and usually consider each party’s net disposable income after tax, child support, and certain expenses. In many cases, total support (including child and spousal support) may leave the recipient with around 40 to 46 percent of the combined net disposable income, depending on parenting arrangements and other factors.
These calculations are not automatic. Judges have discretion, and spousal support can be adjusted up or down based on the unique circumstances of a case. Our Edmonton spousal support lawyers use advanced software and our extensive experience with the Guidelines to help clients understand likely ranges and negotiate workable outcomes.
Factors Alberta Courts Consider When Deciding Spousal Support Arrangements
When deciding whether to award support, how much to order, and for how long, courts look at a range of factors, including those listed in section 15.2 of the Divorce Act and in provincial guidance on spousal and partner support.
Some common considerations include:
- Length of the marriage or adult interdependent relationship
- Roles each spouse played during the relationship (for example, primary earner, stay-at-home parent, or caregiver)
- Any economic disadvantage one spouse experienced because of the relationship or its breakdown
- The financial consequences of caring for children after the separation, beyond basic child support obligations
- Each person’s current and future earning capacity
- Any written agreements or separation agreements between the parties
- Efforts by the recipient spouse to become self-sufficient, where appropriate
Because every family’s situation is different, support outcomes can vary widely. Speaking with experienced Edmonton spousal support lawyers may help you manage expectations and plan for different possible scenarios.
Types Of Spousal Support Arrangements In Edmonton
Spousal support orders and agreements can take several forms:
- Interim or temporary support: Short-term support while a separation or divorce is in progress.
- Time-limited support: Ordered for a defined period, often to allow the recipient to upgrade their education, re-enter the workforce, or adjust post-separation.
- Indefinite support (duration not specified): This is more common after the breakdown of longer relationships or where the “rule of 65” in the Advisory Guidelines applies. Even then, the SSAGs emphasize that “indefinite” does not necessarily mean permanent; support may be reviewed, reduced, or terminated where circumstances change or the recipient becomes self-sufficient.
- Lump sum support: In some cases, support may be paid as a one-time amount, often as part of a broader property and support settlement.
Our lawyers can explain how these different structures might apply in your circumstances and how they interact with property division and other family law issues.
Changing Or Ending Spousal Support In Alberta
Spousal or partner support is not always fixed forever. It can often be reviewed or varied if there is a significant change in circumstances. Under section 17 of the Divorce Act, for example, a court may vary support where there has been a change in the condition, means, needs, or other circumstances of either former spouse since the original order.
Common reasons to seek a change include:
- Job loss or significant change in income
- Retirement or health issues
- A child becoming independent
- A new relationship or remarriage that affects financial circumstances
It is important to remember that it is possible to change spousal or partner support in Alberta. Our legal team in Edmonton regularly assist clients with variation applications, negotiations, and enforcement issues.
Why Work With Our Edmonton Spousal Support Lawyers?
Spousal support is often one of the most contested aspects of a separation or divorce. Whether you are seeking support or facing a potential support obligation, working with experienced Edmonton spousal support lawyers may help you protect your rights and move forward with greater confidence.
Clear Advice On Entitlement And Strategy
Not everyone will be entitled to receive support, and not every payor will be required to pay the same way. Our legal team will:
- Review your relationship history, finances, and parenting responsibilities
- Explain how Alberta and federal laws, including the Divorce Act spousal support provisions, may apply to you
- Discuss realistic ranges based on the facts of your case and applicable guidelines
- Help you weigh options such as negotiated agreements, mediation, collaborative processes, or court proceedings
Thoughtful Use Of Spousal Support Advisory Guidelines
Our lawyers regularly work with the Spousal Support Advisory Guidelines and related federal materials, which are also linked from Verhaeghe Law’s resource centre. We use these tools, together with our knowledge of Alberta case law, to:
- Model different scenarios for amount and duration
- Consider tax and income implications
- Integrate spousal support discussions with child support and other financial issues in your separation
- And more
Negotiation, Mediation, And Court Representation
Whenever possible, our goal is to help you reach a spousal support resolution through negotiation, mediation, or inclusion in a separation agreement, which may reduce conflict and significantly minimize financial cost.
If your matter must go to court, our lawyers will be fully prepared and can:
- Prepare and file the required spousal or partner support forms
- Present evidence about incomes, needs, and economic disadvantage
- Make arguments based on the law and relevant guidelines on your behalf
Contact Our Edmonton Spousal Support Lawyers Today
Spousal support is intended to recognize economic disparities that arise during a relationship and to help both former partners move forward as independently and fairly as possible. Because every relationship and separation is different, there is no single answer that fits every family.
If you are separating, considering a divorce, or looking to change an existing spousal support arrangement, our Edmonton spousal support lawyers are here to help you understand your options. You can schedule a consultation by contacting our Edmonton legal team, filling out an online request, or calling our office at (587) 410-2500.
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.