SPOUSAL SUPPORT: What You Need to Know after Separation

Spousal support is often one of the most uncertain and emotionally charged issues following separation. Many people are unsure whether spousal support applies to their situation, how it is determined, or how long it may last.  

In Alberta, spousal support is NOT automatic. It depends on the circumstances of the relationship and the financial realities of each person after separation.

So, what is spousal support?

Spousal support is financial support paid by one spouse or partner to the other after separation or divorce. It is intended to address the financial imbalance that may arise when a relationship ends, particularly when one person has experienced an economic disadvantage during the relationship.

Spousal support may apply to married spouses and in some cases, unmarried partners who meet the definition of adult interdependent partners.

Is spousal support guaranteed?

No. Spousal support is not automatic. 

Before any amount or duration is considered, a person seeking support must first establish entitlement. This assessment focuses on whether the relationship or its breakdown created a financial disadvantage or an ongoing need.

Simply earning less than a former partner may not always guarantee spousal support.

 

Factors courts consider

When assessing spousal support, courts may look at factors such as:

·         The length of the relationship

·         The roles each person took during the relationship

·         Whether one partner sacrificed their career or earning opportunities

·         Differences between the incomes and future earning capacity

·         Each party’s financial needs and resources

The analysis is fact-specific and focuses on fairness rather than blame. The objective is to promote fairness by addressing the economic disadvantage following the breakdown of the relationship.  

How is spousal support calculated?

Once entitlement is established, the Spousal Support Advisory Guidelines are often used to help determine the amount and duration of support. While these guidelines are not mandatory, they provide a structural framework that promotes consistency, predictability and fairness.

Can spousal support change over time?

Yes. Spousal support arrangements can be reviewed if there is a material change in circumstances, such as a significant change in income, retirement, remarriage, or inability to pay due to serious health conditions.

Support is not always permanent and fixed amounts. Many arrangements can evolve as circumstances change.

The importance of early legal guidance

Spousal support can have long-term financial implications for both parties. Understanding your rights and obligations early on can help you make informed decisions.

Spousal support is a complex area of family law that requires careful consideration of financial realities and the history of the relationship. While no two cases are the same, a clear understanding of how spousal support works can provide greater certainty during an overall difficult time.

If you are navigating separation and have questions about spousal support, we are here to help. We work with you to assess your circumstances, to pursue solutions that are fair and thoughtful, and tailored to your circumstances. Because not every case is like the other.

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