Spousal support, often referred to as alimony in other jurisdictions, represents a legal obligation for one person to provide financial support to their spouse before or after marital separation or divorce. The primary intention behind spousal support is to alleviate the economic disparity that one spouse might face as a consequence of separation or divorce. This acknowledges the financial impacts of the roles each spouse played during the relationship and aims to ensure that both parties maintain a reasonable standard of living post-separation.

In Alberta, spousal support is governed by both the federal Divorce Act and the provincial Family Law Act. The Divorce Act applies to married couples who are divorcing, while the Family Law Act covers both married and unmarried couples who have lived together in an adult interdependent relationship. Alberta’s legislation and courts recognize the need for fairness and flexibility in spousal support arrangements, taking into account the unique circumstances of each case.

These laws provide the legal framework for spousal support decisions, emphasizing the importance of negotiation, mediation, and, if necessary, judicial determination.

Eligibility for spousal support in Alberta is determined by considering the type of relationship. This includes married couples and couples in a common-law relationship qualifying under specific conditions. Common-law partners must have lived together for at least three years or have a child together. The fundamental criteria focus on the financial need of one partner against the other’s ability to pay spousal support, considering the duration of the relationship, which influences financial interdependence and the economic sacrifices made by one partner for the family’s benefit or the other’s career.

Pre-existing agreements, such as prenuptial or cohabitation agreements, can also play a role in determining eligibility, but they are subject to evaluation for fairness. Lastly, the assessment considers the financial consequences of the relationship’s dissolution on each partner, especially if it results in significant economic hardship.

The calculation of spousal support in Alberta is significantly influenced by the Spousal Support Advisory Guidelines (SSAGs). Although these guidelines are not law, they provide a framework for determining the amount and duration of support. The SSAGs suggest ranges for support payments based on several factors. However, it is essential to know that SSAG calculations are not mandatory in determining spousal support amounts.

The SSAGs offer two basic formulas for calculating spousal support: one for situations with child support payments (“with child support formula”) and another for those without (“without child support formula”). Each formula considers the payor’s net disposable income after child support is accounted for, aiming to balance financial fairness and the recipient’s need for support.

The duration of spousal support payments in Alberta can vary widely, depending on factors such as the length of the relationship and the age of the parties at the time of separation. In some cases, support may be ordered for a specific period, known as term support, especially when the recipient is expected to become financially self-sufficient. In other cases, support may be indefinite, particularly after long marriages where an equalization of lifetime earnings may be deemed appropriate.

The process of applying for spousal support in Alberta typically begins with negotiations between the parties. If an agreement cannot be reached, the case can be brought to court, where a judge will consider the relevant laws, guidelines, and circumstances of the case to make a decision. Documentation regarding income, expenses, assets, and liabilities is crucial for accurately determining spousal support obligations.

Our spousal support lawyers are valuable allies in navigating the intricacies of spousal support in Alberta. We provide invaluable guidance on eligibility, potential entitlements, and obligations, helping you understand the legal framework and options available. We can assist with negotiating agreements, representing you in court, and ensuring that any spousal support arrangement is fair and in line with Alberta’s legal standards. We are by your side for the long term and offer ongoing support for modifications of spousal support orders as circumstances change over time, ensuring that the agreements remain relevant and equitable.