Separation can leave former spouses or partners in very different financial positions. One person may have stepped away from a career to care for children, supported the other’s education or business, or become economically dependent during a long relationship.
Spousal support law attempts to address certain financial consequences of relationship breakdown, but support is not automatic.
At Verhaeghe Law Office, our Edmonton spousal support lawyers assist people seeking support and people responding to support claims.
Contact us online or call (587) 410-2500 to arrange a consultation.
Key Takeaways About Spousal Support In Alberta
- Spousal support is not automatically payable after every separation.
- Entitlement is considered before amount and duration.
- Different legislation may apply depending on whether the parties are divorcing spouses or qualifying partners.
- The Spousal Support Advisory Guidelines are influential but are not legislation.
- Relationship length, childcare roles, income and the economic consequences of the relationship can be relevant.
- Child support and spousal support interact, with child support generally receiving priority.
- Support can be periodic, lump sum or structured in other ways depending on the circumstances.
- An existing support arrangement may sometimes be reviewed or varied if the applicable legal requirements are met.
- Retirement, re-partnering or a change in income does not necessarily produce an automatic end to support.
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
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 Entitled To Receive Spousal Support in Alberta?
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
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.
Spousal Support For Adult Interdependent Partners
A person does not necessarily have to be married to have a valid claim for spousal support. If you have ended an Adult Interdependent Partnership (sometimes referred to as a common law relationship), you may still be entitled to spousal support.
Alberta’s Adult Interdependent Relationships Act defines Adult Interdependent Partnerships in specified circumstances. For example, a couple may qualify after living in a relationship of interdependence for a certain period of time, after having a child together in circumstances covered by the Act, or by entering an Adult Interdependent Partner Agreement.
Because the legal status of the relationship can determine available rights and remedies, it should not simply be assumed that every unmarried couple falls into the same category. Our Edmonton spousal support lawyers can examine the circumstances of your relationship and advise on possible support outcomes.
What Does Entitlement To Spousal Support Mean?
Before calculating how much support might be payable, the parties must address whether there is a legal basis for support.
Spousal-support claims are often described as compensatory, non-compensatory, or contractual.
- A compensatory claim may involve economic disadvantage caused by the roles assumed during the relationship. For example, one spouse may have reduced employment or advancement opportunities to care for children.
- A non-compensatory claim may focus more closely on financial need and the parties’ circumstances following breakdown.
Contracts or agreements between the parties can also affect the how support amounts are decided.
A significant income difference may be relevant, but income disparity alone does not automatically establish entitlement.
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.
How Is The Amount Of Spousal Support Calculated?
Only after entitlement has been established or agreed upon does the analysis generally move to questions such as how much support may be payable and for how long.
Where entitlement exists, lawyers and courts often refer to the federal Spousal Support Advisory Guidelines.
The SSAGs can generate ranges for amount and duration based on factors including incomes, relationship length, the presence of dependent children, and child-support obligations.
However, it is important to note that these are advisory guidelines, not legislation.
This distinction matters because a casual calculation does not replace the legal analysis of entitlement or the circumstances that may justify a result within or, in appropriate cases, outside the suggested ranges.
How Long Can Spousal Support Last?
There is no single standard duration for spousal support in Alberta.
A shorter relationship may produce a different result than a relationship that lasted several decades.
Age, childcare responsibilities, employment history, the recipient’s ability to become self-sufficient, and the nature of the entitlement claim may all be relevant.
Support may be time-limited, subject to a future review, or indefinite.
Indefinite support does not necessarily mean that support will continue permanently regardless of what happens. It generally means that a fixed termination date has not been imposed yet, although it may be imposed in the future.
Spousal Support And Child Support: Understanding Obligations in Alberta
If both child support payments and spousal support payments are an issue during your family law dispute, the obligations should be considered together.
Child support payments generally receive priority. The amount of child support can affect available income and therefore influence the spousal-support ranges produced under the SSAGs.
Our Edmonton child support lawyers can help where both forms of support need to be addressed.
Financial Disclosure In Spousal Support Matters
Spousal support cannot be assessed reliably without both parties providing proper financial information.
The Government of Alberta identifies documents such as tax returns, Notices of Assessment, current income information, monthly expenses, and information concerning assets and debts as relevant to spousal support applications.
More extensive disclosure may be needed where a party is self-employed, operates through a corporation, or receives variable income.
Disagreements over income can materially affect SSAG calculations.
Can Spousal Support Be Changed?
Potentially. An existing court order may be varied where the legal requirements for variation are satisfied. Generally, a ‘material change in circumstances’ must have taken place to justify a change to an existing order.
In other cases, a separation agreement may contain review terms identifying circumstances in which support will be reconsidered.
Examples of events that may raise questions include major income changes, retirement, changes in childcare responsibilities, or other significant developments.
Whether any particular event is enough to change support depends on the order, agreement, applicable legislation, and underlying circumstances.
Does Retirement End Spousal Support?
Not automatically. Retirement may change a payor’s income and could justify reviewing support, particularly where retirement is reasonable and genuine.
However, the effect depends on the facts, the existing support terms, and the basis on which support was originally awarded.
A person approaching retirement should consider obtaining legal advice from a spousal support lawyer before deciding to reduce or stop payments on their own.
Does A New Relationship End Spousal Support?
Again, not automatically. Re-partnering may affect the recipient’s financial circumstances, particularly where the claim is based on need, but it does not create a universal rule that support ends as soon as a new relationship begins.
The original basis for entitlement remains important.
Lump-Sum Versus Monthly Spousal Support
Most people think of spousal support as a monthly payment, but lump-sum resolutions can also be appropriate in some cases.
A lump-sum spousal support payment means a total amount of money is agreed to and paid out to the recipient all at one time. While a lump sum can provide finality, it may also involve tax, cash-flow, and valuation considerations.
Monthly and lump-sum spousal support can have different tax consequences, so legal and tax advice may be important before choosing one type over another.
How Our Edmonton Spousal Support Lawyers Can Help Clients in Alberta
Our spousal support lawyers in Edmonton offer a range of services to clients. Our team can assist by:
- Assessing whether there appears to be a legal basis for entitlement rather than jumping directly to a support calculator.
- Review the parties’ incomes and financial disclosure and consider SSAG ranges for amount and duration where entitlement exists or is disputed.
- For self-employed spouses or business owners, we can assess whether additional corporate records or income adjustments need to be considered.
- Help negotiate support provisions in separation agreements, including review dates, termination events, and disclosure requirements.
- Assess whether there may be grounds to seek a variation or respond to one if an existing arrangement no longer reflects the parties’ circumstances
- Address spousal support questions in conjunction with divorce, child support, and property division so that the overall financial picture is considered rather than treating each issue in isolation.
- Prepare or respond to court applications concerning support if an agreement can’t be reached.
- And more
Frequently Asked Questions About Spousal Support In Edmonton
Am I Entitled To Spousal Support Because My Former Spouse Earns More?
Not automatically. An income difference can be relevant, but entitlement must still be established using the applicable legal principles.
Are The Spousal Support Advisory Guidelines Legally Binding?
No. The SSAGs are advisory rather than legislation. They are nevertheless widely used by lawyers and courts when considering amount and duration after entitlement has been addressed.
Can I Get Both Child Support And Spousal Support?
Potentially. They serve different purposes and can both be payable. Child support generally receives priority when the obligations interact.
Can My Former Spouse Stop Paying Support If They Lose Their Job?
An income loss may justify reviewing support, but a payor should not assume that the existing obligation automatically disappears.
If support is contained in an order, arrears may accumulate unless the order is properly changed with the help of a lawyer.
Does Spousal Support Stop If I Start Living With Someone Else?
Not necessarily. A new relationship can affect financial circumstances, but its effect depends on the nature of the support entitlement and the facts.
Can Spousal Support Continue After Retirement?
Potentially. Retirement can be relevant to a variation or review, but it does not automatically terminate support.
Can Spousal Support Be Waived In A Separation Agreement?
Agreements can address spousal-support rights, but enforceability and long-term effect depend on the drafting, disclosure, circumstances in which the agreement was made and the applicable legal framework.
Independent legal advice can be particularly important where parties are considering a significant support waiver.
Is Spousal Support Taxable?
Qualifying periodic spousal-support payments can receive tax treatment different from child support.
Because the result depends on how the arrangement is structured, clients should obtain advice from an experienced family lawyer.
Contact Our Edmonton Spousal Support Lawyers Today
Spousal support can affect both parties’ financial planning for years after separation. Entitlement, income, amount and duration should therefore be assessed carefully rather than relying only on an online calculator.
Contact Verhaeghe Law Office online or call (587) 410-2500 to arrange a consultation with an Edmonton spousal support lawyer.
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.