When it comes to spousal support, not everyone feels inclined to pay for it. For many, it feels like an extra burden to financially support an ex-partner after a relationship ends. After all, the end of a relationship is often a time when people want to start fresh and focus on their own stability, not continue to share their income.

In Alberta and across Canada, there are some scenarios where spousal support payments can be avoided. However, each situation is unique, so seeking legal advice is not just essential, but also reassuring. It can help you avoid unintended consequences or potential legal action for failing to meet obligations, and guide you towards the best possible outcome.

How to Avoid Paying Spousal Support

In Alberta, spousal support is governed by the Spousal Support Advisory Guidelines and awarded based on factors like financial need, economic disadvantages caused by the marriage, and contributions made by one spouse, such as sacrificing career opportunities for family responsibilities. Courts also consider the length of the relationship, financial means, and the ability of each spouse to become self-sufficient.

However, unlike child support, spousal support is not always a given. There are some ways to avoid paying spousal support if you feel your circumstances don’t justify it. Here are some ways when you may be able to avoid paying spousal support.

Have a Prenuptial Or Postnuptial Agreement In Place:

You can’t go back in time, but if you haven’t entered into marriage yet or if it is still new, a prenuptial agreement (before marriage) or a postnuptial agreement (after marriage) can be powerful tools for managing expectations around spousal support if the relationship ends. These agreements allow both parties to outline specific terms determining spousal support, such as setting a fixed amount, limiting the duration, or even waiving support entirely under certain conditions.

The key to enforceability is that both parties must enter the agreement voluntarily and with full knowledge of each other’s financial situations. Each partner should ideally consult their own lawyer to avoid claims of undue influence, lack of understanding, or coercion, which can render parts of the agreement unenforceable. In case of a dispute, Alberta courts will review such spousal support agreements to ensure they are not “unconscionable” or grossly unfair. If they are, the court may adjust the terms to be more reasonable.

Negotiate Paying Spousal Support Out of Your Divorce Settlement:

Negotiating spousal support in a divorce settlement can be a practical way to avoid ongoing monthly payments and create a clean financial break. Many people find that offering a one-time lump sum payment or trading other assets, like a larger share of property or retirement accounts, can be a win-win. For example, if you’d rather not deal with sending monthly checks or revisiting support terms in the future, you might offer a bigger piece of shared assets in exchange for waiving support altogether.

However, if your former spouse absolutely does not budge on support, make sure to negotiate a clear end date in the settlement. Agreeing on a set period for financial support ensures that you won’t be responsible for payments indefinitely, which can give you peace of mind and help you plan for your future. Working with your lawyer on this can ensure the terms are fair and legally sound, and help you avoid any ongoing financial ties beyond what’s truly necessary.

Prove Financial Hardship:

If you are facing financial hardship due to illness, medical expenses, or a significant loss of income and have documented proof that you cannot make regular spousal support payments, you may be eligible to reduce or temporarily pause your support obligations. A reduction could lower your payment amount to something more manageable, while a temporary suspension could pause your payments entirely until you regain financial stability. Be sure to keep your lawyer informed of any changes in your financial situation, as they can help you navigate options for relief.

It’s often helpful to show that you’ve made reasonable efforts to continue paying support despite your hardships. This demonstrates good faith and can positively influence the court’s decision.

Avoid Financial Dependence In the First Place:

One way to potentially avoid spousal support obligations is by reducing the likelihood of financial dependence or economic hardship for either spouse from the outset. This can be done by fostering financial independence throughout the marriage, which often means encouraging both spouses to remain gainfully employed and pursue career development to the best of their abilities.

When each partner is financially self-sufficient, there’s a reduced chance of one spouse relying heavily on the other’s income, which is often a basis for spousal support payments. By promoting a balanced financial contribution and self-sustainability within the relationship, couples can set a foundation that supports both parties independently should they ever part ways.

Planning for each spouse’s individual financial security can contribute to a fairer division of assets, potentially minimizing or eliminating the need for long-term spousal support. This prospect can bring a sense of hope and optimism, as both spouses might have separate retirement accounts, savings plans, or investment portfolios, which can help each person build financial security.

Demonstrate Your Former Spouse’s Ability to Earn Income:

Requesting a vocational evaluation can be a valuable strategy to potentially avoid or reduce spousal support obligations. A vocational evaluation assesses the receiving spouse’s ability to earn an income based on their skills, experience, education, and the current job market. By demonstrating that your ex-partner can become financially self-sufficient or re-enter the workforce, you may be able to present a case for reduced or temporary support rather than ongoing payments.

Courts in Alberta often consider spousal support as a way to assist a partner in transitioning to independence rather than a permanent solution. Therefore, if your ex-spouse is capable of working, a vocational assessment could influence the judge’s decision when it comes to how much spousal support they order you to pay.

Relook At Your Spousal Support When Your Former Spouse Enters a New Relationship:

If your former spouse enters a new relationship, it’s often a good time to revisit your spousal support order. In Alberta, a new partnership particularly if it’s cohabitation or a marriage, can affect the financial need for spousal support, as the new partner may be contributing to the living expenses of the recipient spouse. This change in their economic circumstances could mean they’re less dependent on your monthly support payments, potentially leading to a reduction or termination of your obligation.

Courts may view a new relationship as an indicator that your ex-spouse is moving toward greater self-sufficiency, and waive spousal support. Discussing this change with your lawyer can help you assess whether a modification to the support payments is warranted.

Don’t Assume All Relationships Qualify For Spousal Support:

When a relationship lasts only a short period, spousal support arrangements are often less likely to be awarded, or if it is, it may be set for a limited duration. Courts generally consider the length of the marriage or cohabitation when deciding on spousal support because shorter relationships typically involve less financial interdependence and fewer sacrifices, like career or lifestyle changes, by either of the former spouses. In these cases, the goal is often to allow each person to return to their pre-marriage financial state, which can mean no support is necessary.

For example, if a couple was married for only a few years and both individuals maintained independent careers and financial stability, there may be no grounds for long-term support. Instead, if spousal support is awarded at all, it’s likely to be temporary and aimed at helping the recipient spouse transition back to self-sufficiency rather than providing indefinite support. This is particularly true if both former spouses contributed relatively equally to the relationship or if there are no significant financial sacrifices by one party.

Petition the Courts Or Avoid Paying Spousal Support Altogether In Canada

Often, people who are already facing the emotional challenges of a breakup find it difficult to accept ongoing financial obligations, especially if they feel their ex-partner is capable of supporting themselves. If you’re aiming to avoid paying spousal support altogether when starting divorce proceedings or seeking to stop ongoing spousal support payments by petitioning the court, consult with a family law office.

At DLegal Law Office, we can guide you through the necessary legal procedures, help you gather evidence, and present a compelling case to the court to avoid paying spousal support or modifying your spousal support arrangement. There is no need to do it alone. A spousal support lawyer experienced with the spousal support advisory guidelines can make all the difference in your case. Don’t hesitate to contact us today for a consultation to discuss your rights and responsibilities.