Author Archives: Scott Kurie

Life rarely remains static after a separation or divorce. Income levels fluctuate, children’s needs evolve, and parenting arrangements shift. When these significant changes occur, your existing child support order may no longer reflect your current reality.

At Kurie Moore Law Group, we understand that navigating modifications to child support can be challenging, but with the right guidance, you can ensure your child’s needs continue to be met fairly.

When Is Modification Appropriate?

Child support orders are not set in stone. In Alberta, the courts recognize that circumstances change, and support arrangements should adapt accordingly. Generally, a modification to an existing child support order may be appropriate when there has been a “material change in circumstances” since the original order was established.

Common examples of material changes include:

• Significant income changes for either parent (increase or decrease)
• Changes in parenting time or custody arrangements
• Children’s needs evolving (developing special needs, beginning post-secondary education)
• A parent becoming unemployed or experiencing disability
• Relocation of either parent that affects costs or parenting arrangements
• Addition of new dependents in either household

It’s important to note that temporary fluctuations typically don’t qualify as material changes. The change should be substantial, unforeseen at the time of the original order, and likely to continue for the foreseeable future.

Understanding the Process in Alberta

Step 1: Review Your Current Agreement or Order

Before pursuing a modification, carefully review your existing child support order or agreement. Some agreements include clauses about when and how modifications can occur. For example, some may require annual income disclosure and adjustment of support amounts based on the Federal Child Support Guidelines.

Step 2: Attempt to Negotiate

If you and your co-parent can communicate effectively, the first step should be discussing the changed circumstances and attempting to reach an agreement about modifying support. A negotiated solution is typically less costly, less stressful, and faster than court proceedings.

Any agreement reached should be formalized through proper legal channels to ensure enforceability. Our family law team can help draft a consent variation order that reflects your new agreement.

Step 3: Consider Mediation or Collaborative Law

If direct negotiation isn’t successful, mediation or collaborative law processes may help. These alternative dispute resolution methods involve neutral third parties who can facilitate productive discussions about support modifications while keeping the focus on your children’s best interests.

Step 4: Apply to Court if Necessary

If negotiation and mediation don’t yield results, you may need to apply to court for a variation of the child support order. In Alberta, you’ll need to file:

• A Claim form or Variation Application
• A current Financial Statement
• Supporting documentation (such as tax returns, pay stubs, or other evidence of changed circumstances)

The court will schedule a hearing where both parties can present evidence about the changed circumstances and why modification is necessary.

Step 5: The Recalculation Program Option

Alberta offers the Child Support Recalculation Program (RP), which automatically reviews and adjusts eligible child support orders annually based on updated income information. This program can simplify the process of keeping support amounts current without requiring court appearances for straightforward income changes.

To use this service, your original order must include a recalculation clause. If it doesn’t, you can apply to have one added.

Special Considerations for Common Scenarios

Job Loss or Income Reduction

If you’re paying support and experience job loss or significant income reduction:

1. Document your efforts to find new employment
2. Apply for modification promptly—support arrears cannot typically be retroactively reduced
3. Consider requesting a temporary modification while you seek new employment
4. Continue making payments to the best of your ability while awaiting modification

Income Increases

If the paying parent experiences a significant income increase, the receiving parent can seek an upward modification to ensure the child benefits from the improved financial situation. The Federal Child Support Guidelines provide tables that adjust support amounts based on income levels.

Children’s Changing Needs

As children grow, their needs change. Modifications may be appropriate when:

• A child develops medical conditions requiring additional care
• Special educational needs arise
• A child begins post-secondary education
• Extracurricular activities become more expensive

Changes in Parenting Time

If parenting time arrangements change substantially, support may need adjustment. In shared parenting situations (where each parent has the child at least 40% of the time), the calculation becomes more complex, potentially involving a “set-off” amount based on both parents’ incomes.

Common Mistakes to Avoid

1. Informal Arrangements Without Documentation

Even if you and your co-parent verbally agree to a modification, failing to document it properly can lead to serious consequences. Undocumented changes aren’t enforceable, and the original order remains in effect from a legal standpoint.

2. Unilateral Decisions to Modify Support

Regardless of how reasonable your circumstances may be, unilaterally reducing or stopping support payments without court approval can result in enforcement actions, including:

• Wage garnishment
• Tax refund interception
• Driver’s license suspension
• Bank account seizure
• Contempt of court charges

3. Waiting Too Long to Act

Courts generally cannot retroactively modify support for periods before you filed your application. If your circumstances change, act promptly to preserve your rights.

4. Incomplete Financial Disclosure

The court requires complete and accurate financial information to make appropriate decisions. Hiding assets or income can result in severe penalties, including adverse inference (where the court assumes the worst about your finances) or even criminal charges for fraud.

The Role of Legal Representation

While it’s possible to navigate child support modifications without legal representation, the process can be complex. An experienced family lawyer can:

• Evaluate whether your changed circumstances meet the legal threshold for modification
• Gather and organize the necessary documentation
• Negotiate effectively with the other party or their counsel
• Represent your interests in mediation or court
• Ensure all procedural requirements are met
• Draft legally sound agreements or court applications
• Provide strategic advice based on similar cases

Next Steps

If you believe your circumstances warrant a modification to your child support order, we recommend:

1. Document the changes that have occurred since your original order
2. Gather financial information (tax returns, pay stubs, expenses related to children)
3. Consult with a family lawyer to evaluate your situation and options
4. Consider whether negotiation or mediation might resolve the issue
5. Prepare for financial disclosure requirements

At Kurie Moore Law Group, our experienced family law team understands the nuances of child support modifications in Alberta. We’re committed to helping you navigate this process with minimal stress while ensuring your children’s needs remain the priority.

Located just one block from the Sherwood Park Provincial Court, we offer convenient access to legal support for parents throughout the Sherwood Park and Edmonton areas. Our bilingual lawyers can assist in both English and French, ensuring clear communication throughout your case.

Contact us today to schedule a consultation about modifying your child support arrangements and securing a solution that works for your family’s changing needs.

Many young parents put off creating a will, thinking it’s something only older adults or wealthy individuals need to consider. Between sleepless nights, busy careers, and the daily juggle of family life, estate planning often falls to the bottom of the to-do list. Perhaps you’ve thought, “We’re young and healthy,” or “We don’t own enough assets to need a will.” These are common misconceptions that could leave your family vulnerable.

The reality is that estate planning is especially crucial for families with young children. Your will is about much more than distributing assets – it’s about ensuring your children are cared for according to your wishes, protecting their financial future, and giving you peace of mind that you’ve done everything possible to secure their wellbeing.

Consider this: Without a will, important decisions about your children’s care and your family’s financial future would be left to the Alberta courts. Your children’s guardian, the distribution of your assets, and even decisions about your children’s education and upbringing would be determined by provincial laws rather than your personal wishes. Here’s why you shouldn’t wait to create your will and what you need to know about protecting your family’s future.

Protecting Your Children’s Future

The most important reason young families need a will is to ensure their children’s well-being. While it’s difficult to contemplate not being there for your children, having a plan in place is one of the most loving actions you can take as a parent.

Without a will, you don’t get to choose who will raise your children if something happens to both parents. The courts will make this decision based on the facts available at the time, and it may not align with your wishes or values. Family members may disagree about who should raise your children, leading to costly and stressful legal battles during an already emotional time. Through your will, you can:

• Name a guardian for your minor children
• Choose an alternate guardian as backup
• Specify your wishes for your children’s upbringing
• Set up trusts to manage their inheritance until they reach adulthood

Managing Your Children’s Inheritance

Many parents don’t realize that simply leaving assets to minor children isn’t enough to secure their financial future. Children can’t legally manage their inheritance until they turn 18, and without proper planning, these assets could become tied up in court-supervised processes, leading to unnecessary delays and expenses. This court oversight, while well-intentioned, often creates complications and costs that could be avoided with proper estate planning.

The risks of inadequate planning go beyond just administrative headaches. Without a properly structured will, your children could receive a substantial sum of money on their 18th birthday with no guidance or protection in place. Consider whether your 18-year-old self would have been prepared to manage a significant inheritance responsibly. A well-crafted estate plan can provide the framework and protection needed to ensure your children’s inheritance supports their long-term well-being rather than becoming a burden or being quickly depleted.

Planning for Your Family’s Immediate Needs

The immediate aftermath of losing a parent creates not only emotional challenges but also pressing practical and financial needs. While many people think of a will as a tool for long-term estate distribution, it plays a crucial role in ensuring your family can access essential resources during those critical first days and weeks. Without proper planning, even simple tasks like accessing bank accounts or maintaining household bills can become unnecessarily complicated during an already difficult time.

A well-structured will helps prevent these immediate challenges by clearly designating who can manage your affairs, ensuring quick access to bank accounts and life insurance proceeds, and minimizing costly probate delays. It can also provide clear instructions about immediate financial responsibilities like mortgage payments and children’s expenses, helping your family maintain stability during the transition. This immediate access to resources can make a significant difference in your family’s ability to adjust and cope with their loss while longer-term arrangements are put in place.

Common Estate Planning Mistakes to Avoid

Estate planning mistakes can have serious consequences for young families, yet they’re surprisingly common. Many parents assume they’re too young to need a will, fail to update beneficiary designations after having children, or mistakenly believe their assets will automatically go to their spouse. Others make the critical error of not planning for the unlikely but serious scenario of both parents passing away simultaneously, leaving their children’s future care uncertain and their assets subject to provincial laws rather than their personal wishes.

Beyond the Will: Additional Estate Planning Tools

A comprehensive estate planning strategy often includes more than just a will, and young families need to understand the full range of tools available to protect their loved ones. Having a will is an excellent start, but it’s just one piece of a complete estate plan. Modern estate planning requires a thoughtful combination of legal documents and financial planning tools working together to protect your family in different scenarios.

Here are the key elements of a comprehensive estate plan:

• Personal Directive (Living Will): This crucial document lets you specify your healthcare wishes and appoint someone to make medical decisions on your behalf if you become incapacitated. Without this, your family may face difficult decisions without knowing your preferences.
• Enduring Power of Attorney: This document appoints someone you trust to manage your financial affairs if you’re unable to do so. It ensures bills get paid, investments are managed, and your family’s financial needs are met if you’re incapacitated.
• Life Insurance: A well-structured life insurance policy provides immediate tax-free funds to support your family, pay off debts, and cover future expenses like education. It’s especially crucial for young families with mortgages and other significant financial obligations.
• Registered Education Savings Plans (RESPs): These tax-advantaged accounts help secure your children’s educational future. Proper estate planning ensures these accounts continue growing and are managed according to your wishes.
• Beneficiary Designations: Properly designated beneficiaries on registered accounts like RRSPs, TFSAs, and insurance policies ensure these assets transfer efficiently outside of your will, avoiding probate delays and fees.

Taking the First Step

Think of estate planning like building a house – your will is the foundation, but you need other elements to create a complete and secure structure. At Kurie Moore Law Group, we can help you understand how these different tools work together and guide you in creating a comprehensive plan that protects your family in all circumstances. Contact us at 780-809-3545 to learn more about building a complete estate plan that gives you confidence in your family’s future.

The role of a guardian in Alberta carries profound legal and personal responsibilities that shape a child’s life and future. Whether you’re a parent, step-parent, or family member seeking guardianship, understanding these responsibilities is crucial for making informed decisions about a child’s well-being.

In Alberta’s legal framework, guardianship rights and responsibilities are governed by the Family Law Act, which recognizes that children benefit most when their guardians are fully engaged in their upbringing and development. Unlike some other provinces, Alberta distinguishes between guardianship, custody, and access – with guardianship encompassing the broadest range of parental rights and responsibilities.

Many parents are surprised to learn that guardianship involves much more than providing a home and making day-to-day decisions. It’s a comprehensive legal role that touches every aspect of a child’s life – from education and healthcare to cultural upbringing and financial management. Each of these responsibilities carries significant weight in shaping a child’s development and future opportunities.

At Kurie Moore Law Group, we often meet parents who are navigating the complexities of guardianship for the first time. Whether through divorce, separation, or family restructuring, understanding your guardianship rights and responsibilities is essential for making decisions that serve your child’s best interests.

Core Guardianship Responsibilities

Let’s explore the seven core responsibilities that define your role as a guardian:

Education and Academic Decisions
Making crucial choices about your child’s education, from selecting schools to addressing special needs. Engaging with educators and supporting your child’s academic journey through decisions about curriculum, tutoring, and educational support.

Medical Care and Health Choices
Taking responsibility for all aspects of your child’s physical and mental well-being, from routine check-ups to major medical decisions. Selecting healthcare providers and making informed choices about treatments, medications, and preventive care.

Religious and Cultural Upbringing
Guiding your child’s spiritual and cultural development through choices about religious instruction and cultural participation. Fostering cultural identity through language learning, community involvement, and meaningful traditions.

Residence and Travel Decisions 
Determining where your child lives and making thoughtful choices about neighborhoods, schools, and community environments. Managing all aspects of travel, from daily transportation to international trips, including passport applications and travel consent.

Extracurricular Activities 
Selecting and coordinating activities that enrich your child’s development while maintaining a healthy life balance. Managing schedules, equipment needs, and associated costs while ensuring activities align with your child’s interests and abilities.

Legal Matters
Representing your child’s interests in all legal proceedings and making decisions about legal representation. Managing legal documentation, insurance matters, and other official proceedings affecting your child’s rights.

Financial Management
Protecting and managing your child’s assets, including inheritance, trust funds, and savings for education. Making responsible decisions about investments, bank accounts, and government benefits that affect your child’s financial future.

Understanding Guardian Rights

Under Alberta’s Family Law Act, guardians have both powers and responsibilities. These include the right to:

• Make daily decisions about the child’s care Access information about the child’s health, education, and well-being 
• Receive and discuss information about significant decisions
• Be informed of and consulted about major changes affecting the child 
• Express their views and preferences about decisions affecting the child

Who are Guardians?

By default, both parents are guardians if:

• They were married when the child was born
• They lived together for at least 12 months during which the child was born
• They were both guardians of the child under a previous agreement or court order

Single parents, step-parents, and other family members may need to apply to the court to become guardians.

Shared Decision-Making

When multiple guardians share responsibility for a child, they must work together effectively to ensure the child’s well-being. This means actively consulting with each other before making major decisions affecting the child’s life, while consistently acting in the child’s best interests. Guardians are expected to maintain mutual respect for each other’s involvement in the child’s life, keeping communication channels open and transparent.

Changes to Guardianship

Guardianship arrangements in Alberta can be modified through several legal pathways to address changing family circumstances. The court can issue orders modifying guardianship after carefully considering evidence about the child’s best interests. Guardians may also create formal written agreements between themselves, outlining new arrangements for rights and responsibilities. When guardians agree on changes, they can seek a consent order, which combines the flexibility of a private agreement with the enforceability of a court order. 

The Best Interests of the Child

When making guardianship decisions, Alberta courts are guided by one fundamental principle: the best interests of the child. Courts conduct a comprehensive evaluation that considers the child’s physical well-being, emotional development, and psychological health. They carefully assess the quality and strength of relationships between the child and each guardian, recognizing that stable, nurturing connections are vital for healthy development. The stability of the child’s current living situation carries significant weight, as courts aim to minimize disruption to the child’s life unless change is clearly beneficial.

Getting Legal Help

If you’re dealing with guardianship issues, early legal guidance is crucial. Our experienced family law team can help you:

• Understand your rights and responsibilities as a guardian 
• Navigate guardianship applications or modifications 
• Resolve disputes with other guardians 
• Create effective parenting plans 
• Protect your child’s best interests

Contact Us

Our office is conveniently located near the Sherwood Park Provincial Court, and we offer services in both English and French. Let us help you navigate child guardianship matters with confidence.

Phone: 1-780-809-3545 Email: reception@kurielaw.ca

Remember: Every family situation is unique. Contact us for personalized advice tailored to your specific circumstances.

Looking Forward

Whether you’re seeking to establish, modify, or understand your guardianship rights, we’re here to help. Our team combines legal expertise with a compassionate approach to help you make informed decisions about your child’s future.

Get in touch today to discuss how we can help you navigate child guardianship matters while protecting your rights and your child’s best interests.

Note: This information is provided for general reference only and should not be considered legal advice. Laws and regulations may change, and individual circumstances vary. Always consult with a qualified legal professional for advice specific to your situation.

Contemplating divorce is never easy. It’s a journey that impacts every aspect of your life – emotional, financial, and legal. While you may be dealing with complex emotions and uncertainty about the future, taking time to prepare properly can make a significant difference in both the divorce process and your life afterward.

In Alberta, divorce laws provide a framework for ending a marriage, but navigating this framework successfully requires careful preparation. Whether you’re certain about your decision or still exploring your options, understanding and completing these five essential steps can help protect your rights, reduce stress, and set you up for a more stable future.

The time you invest in preparation now can save you months of complications and thousands of dollars later. It can also help you approach this challenging transition from a position of knowledge and strength rather than uncertainty and reaction.

Here are five essential steps to take before filing for divorce in Alberta, each designed to help you move forward with confidence and clarity.

1. Gather Important Financial Documents

Before initiating divorce proceedings, you need a clear picture of your financial situation. Start collecting:

• Tax returns from the last three years
• Recent pay stubs and employment records
• Bank statements for all accounts (joint and individual)
• Credit card statements
• Mortgage documents and property tax assessments
• Investment and retirement account statements
• Insurance policies
• Vehicle registration and loan documents
• Lists of valuable assets acquired during marriage

Keep copies of these documents in a secure location outside your home. Having this information readily available will save time, reduce stress, and help your lawyer provide more accurate advice about your financial rights and obligations.

2. Document Your Parenting Role

If you have children, start keeping detailed records of your involvement in their lives. This information can be crucial when determining parenting arrangements:

• Track your participation in daily routines (school drop-offs, meals, bedtime)
• Document attendance at medical appointments and school events
• Keep records of extracurricular activities you coordinate or attend
• Save communications with teachers, coaches, and healthcare providers
• Note special activities or traditions you share with your children

Remember that Alberta courts prioritize the best interests of children. Demonstrating your consistent, meaningful involvement in your children’s lives can help establish a parenting plan that maintains these important relationships.

3. Assess Your Financial Independence

Before filing for divorce, take steps to establish financial independence:

• Open a separate bank account in your name only
• Apply for your own credit card if you don’t already have one
• Create a realistic post-separation budget
• Research housing options within your budget
• Consider your employment situation and whether you need to increase your income
• Start setting aside funds for legal fees if possible
• Review and understand your current household expenses

Don’t make any major financial decisions or large purchases without consulting a lawyer, as these actions could impact your divorce settlement.

4. Consult with a Family Lawyer

Meeting with a family lawyer early in the process is crucial, even if you hope to negotiate an amicable settlement. A lawyer can:

• Explain your legal rights and obligations
• Outline the divorce process and timeline
• Discuss potential custody and support arrangements
• Advise on property division under Alberta law
• Help you understand tax implications
• Guide you on what actions to avoid
• Explain mediation and other dispute resolution options

Many people make well-intentioned mistakes before filing for divorce that can complicate their cases later. Early legal advice helps you avoid these pitfalls and make informed decisions from the start.

5. Create a Support System

Divorce impacts every aspect of your life, so building a support network is essential – not just for emotional comfort, but for making sound decisions during this critical transition. While it’s natural to feel hesitant about sharing your situation with others, having the right support system can provide stability and clarity when you need it most.

The journey through divorce often feels isolating, but you don’t have to handle everything alone. In fact, trying to manage divorce without support can lead to poor decisions driven by stress or overwhelming emotions. A well-structured support network acts as your foundation during this time of change, offering different types of assistance when you need them most.

Professional Support

• Consider meeting with a counselor or therapist
• Consult a financial advisor about long-term planning
• Talk to your family doctor about managing stress
• Connect with a career counselor if you need to return to work

Personal Support

• Identify trusted friends and family members who can offer emotional support
• Research local divorce support groups
• Consider joining online communities for people going through divorce
• Maintain relationships that will be important in your post-divorce life

Being emotionally prepared is just as important as being legally prepared. However, be cautious about what you share on social media or with others during this time, as these communications could impact your case.

Next Steps

Once you’ve taken these preparatory steps, you’ll be in a stronger position to begin the divorce process. Remember that divorce in Alberta requires:

• At least one year of separation before filing
• Proof of marriage breakdown
• Resolution of parenting, support, and property division issues

Taking time to prepare properly can lead to better outcomes and a smoother transition to your post-divorce life. Each situation is unique, and the steps you need to take may vary depending on your circumstances.

The journey through divorce is challenging, but you don’t have to navigate it alone. At Kurie Moore Law Group, we’re here to guide you through each step of the process.

Contact us at 780-809-3545 to schedule a consultation and discuss your specific situation.

At Kurie Moore Law Group, we’ve witnessed a significant shift in divorce demographics over recent years. The phenomenon known as “grey divorce” – separations involving couples over 50 – has become increasingly common, presenting unique challenges and considerations for those involved. This trend reflects broader societal changes and requires a nuanced approach to family law.

The Rise of Grey Divorce

Grey divorce refers to the growing trend of couples ending their marriages later in life, typically after age 50. In Canada, the divorce rate for this age group has nearly doubled in recent decades, even as overall divorce rates have declined. This

shift reflects changing societal norms, increased life expectancy, and evolving expectations for personal fulfillment in later years.

Several factors contribute to this trend:

1. Longer lifespans: With people living longer, healthier lives, many are reassessing their relationships and future goals. The prospect of spending 20-30 years in retirement with an incompatible partner has led some to seek change.
2. Financial independence: Particularly for women, increased financial independence has made it more feasible to consider separation. Many in this age group have established careers and financial stability, reducing economic barriers to divorce.
3. Empty nest syndrome: As children leave home, couples often face a relationship crossroads. Without the shared focus of child-rearing, some discover fundamental incompatibilities or divergent life goals.
4. Reduced stigma: Societal attitudes towards divorce have evolved significantly. For many in the over-50 age group, divorce is no longer seen as taboo, making it a more acceptable option for those in unfulfilling marriages.
5. Generational attitudes: Baby boomers, who make up a significant portion of those experiencing grey divorce, came of age during a time of social change and may be more open to pursuing personal happiness, even later in life.
6. Increased life expectations: Many individuals in this age group are unwilling to settle for unsatisfactory relationships, believing they deserve fulfillment and happiness in their golden years.

Unique Challenges of Grey Divorce

Grey divorces present distinct challenges compared to separations earlier in life. These complexities require careful consideration and often specialized legal guidance:

1. Financial considerations: The division of assets is often more complex in grey divorces, involving:
   • Retirement accounts and pensions accumulated over decades
   • Long-held properties with significant equity
   • Investments and business interests
   • Considerations around Social Security benefits (in the U.S. context)
2. Limited recovery time: With retirement age approaching or already reached, there’s limited time to rebuild savings and adjust financial plans. This makes the equitable division of assets crucial.
3. Health and insurance concerns: Changes in health insurance coverage can be particularly impactful for older adults. Navigating healthcare options post-divorce is a critical consideration.
4. Emotional impact: Ending a decades-long marriage can have profound emotional effects:
   • Loss of identity tied to long-term partnership
   • Grief over the end of shared dreams and plans
   • Anxiety about starting over later in life
5. Family dynamics: Grey divorce affects not just the couple, but extended family:
   • Adult children may struggle with their parents’ separation
   • Grandparent relationships may need to be renegotiated
   • Holiday traditions and family gatherings often require adjustment
6. Social adjustments: Rebuilding a social life as a single person after years of couplehood can be challenging. Many find they need to expand their social circles and develop new interests.
7. Living arrangements: Decisions about the family home can be emotionally and financially complex. Downsizing or relocating may be necessary, which can be stressful at this life stage.

Legal Considerations in Grey Divorce

At Kurie Moore Law Group, we specialize in navigating the intricacies of grey divorce. Our focus areas include:

1. Asset division: Ensuring equitable division of assets accumulated over a long marriage, including:
   • Proper valuation of retirement accounts and pensions
   • Strategies for dividing complex assets like businesses or investment portfolios
   • Considerations around tax implications of asset division
2. Spousal support: Determining appropriate alimony or spousal support, taking into account:
   • Length of the marriage
   • Each spouse’s earning capacity and financial needs
   • Health and age considerations
   • Standard of living during the marriage
3. Retirement planning: Assisting clients in understanding how divorce will impact their retirement plans and developing strategies to ensure financial security in later years.
4. Estate planning: Updating wills, trusts, and beneficiary designations to reflect the new family situation and protect assets for heirs.
5. Health insurance planning: Addressing changes in health insurance coverage and exploring options for continued coverage post-divorce.
6. Tax considerations: Providing guidance on the tax implications of property division, alimony, and other financial aspects of divorce.
7. Mediation services: Offering alternative dispute resolution methods to facilitate amicable settlements and preserve important relationships.

How Kurie Moore Law Group Can Help

Our experienced family law attorneys understand the nuances of grey divorce. We offer:

1. Compassionate guidance: We provide empathetic support through this significant life transition, recognizing the emotional complexities involved.
2. Financial expertise: Our team includes professionals well-versed in the financial intricacies of later-life divorces, ensuring your long-term financial interests are protected.
3. Customized strategies: We develop tailored approaches for each client, recognizing that every grey divorce situation is unique.
4. Mediation and collaborative law options: We offer alternative dispute resolution methods to minimize conflict and preserve important relationships.
5. Comprehensive support: Beyond legal advice, we can connect you with financial planners, therapists, and other professionals to support you through this transition.
6. Future planning: We help you look beyond the divorce itself, assisting with estate planning updates and strategies for your new life chapter.

While grey divorce presents challenges, it can also offer opportunities for personal growth and new beginnings. With proper legal guidance and financial planning, you can navigate this transition successfully. If you’re considering a grey divorce or have questions about the process, contact Kurie Moore Law Group. We’re here to protect your interests and help you start the next chapter of your life with confidence.

Remember, it’s never too late to seek happiness and fulfillment. Our Sherwood Park Law Firm is committed to helping you navigate this complex process with dignity and emerge ready for the next phase of your life.

Spousal support, also known as alimony, is often a complex and contentious issue in divorce or separation cases. In Alberta, as in the rest of Canada, spousal support is governed by federal and provincial laws, as well as guidelines that help determine the amount and duration of support payments.

This blog post will provide a comprehensive overview of spousal support in Alberta, covering eligibility criteria, factors considered in support decisions, the Spousal Support Advisory Guidelines, duration of support, and the process of modifying or terminating support orders.

Eligibility Criteria for Spousal Support in Alberta

Not every separated or divorced individual is automatically entitled to spousal support. To be eligible for spousal support in Alberta, the following criteria must be met:

1. Legal Relationship: The parties must have been legally married or in an Adult Interdependent Relationship (AIR) as defined by Alberta’s Adult Interdependent Relationships Act. An AIR is similar to what other provinces call a common-law relationship.
2. Financial Need: The person seeking support must demonstrate a financial need for support.
3. Ability to Pay: The other party must have the financial ability to pay support.
4. Compensatory Basis: In some cases, support may be awarded on a compensatory basis, even if there isn’t a clear financial need. This might occur if one spouse sacrificed career opportunities for the benefit of the family or the other spouse’s career.

It’s important to note that eligibility doesn’t guarantee that spousal support will be awarded. The court will consider various factors in making its decision.

Factors Considered in Spousal Support Decisions

Alberta courts consider several factors when making decisions about spousal support, as outlined in the Divorce Act and the Family Law Act. These include:

1. Length of the Relationship: Longer relationships typically lead to longer periods of support.
2. Roles During the Relationship: If one spouse stayed home to care for children or support the other’s career, this may influence the support decision.
3. Age and Health of Both Parties: These factors can affect earning capacity and financial need.
4. Financial Means and Needs: The court will consider the income, expenses, and assets of both parties.
5. Ability for Self-Sufficiency: The court will consider each party’s ability to become or remain financially independent.
6. Care of Children: Ongoing childcare responsibilities can affect a person’s ability to work and their financial needs.
7. Standard of Living During the Relationship: The goal is often to help the recipient maintain a similar standard of living, within reason.
8. Economic Advantages or Disadvantages: The court will consider any economic advantages or disadvantages arising from the relationship or its breakdown.

Spousal Support Advisory Guidelines

While not legally binding, the Spousal Support Advisory Guidelines (SSAG) play a crucial role in determining spousal support in Alberta. These guidelines provide a range of support amounts based on various factors, including:

• The income of both parties
• The length of the relationship
• The presence and ages of any children
• Childcare responsibilities

The SSAG use two main formulas:

1. The With Child Support Formula: Used when the couple has dependent children and child support is being paid.
2. The Without Child Support Formula: Used when there are no dependent children or when child support is not being paid.

These guidelines help create consistency in spousal support decisions across cases. However, it’s important to remember that they are advisory, not mandatory. Judges have the discretion to deviate from the guidelines if they feel it’s appropriate in a particular case.

Duration of Spousal Support

The duration of spousal support in Alberta can vary widely depending on the circumstances. Some general principles include:

• Short-Term or Transitional Support: For shorter relationships or where the recipient needs time to become self-sufficient, support might be ordered for a limited time.
• Medium to Long-Term Support: For longer relationships or where there’s a significant disparity in earning capacity, support might be ordered for a longer term or even indefinitely.
• Rule of 65: If the years of cohabitation plus the support recipient’s age at separation equal 65 or more, support may be awarded indefinitely.
• Indefinite Support: In cases of very long marriages or where the recipient is unlikely to ever become self-sufficient due to age or health issues, support might be indefinite.

It’s crucial to note that “indefinite” doesn’t necessarily mean “permanent.” Support orders can be reviewed and modified based on changing circumstances.

Modifying or Terminating Spousal Support

Spousal support orders are not set in stone. They can be modified or terminated under certain circumstances:

1. Material Change in Circumstances: If there’s a significant change in the financial situation of either party (e.g., job loss, retirement, remarriage), the court may modify the support order.
2. Agreement Between Parties: If both parties agree to modify or terminate support, they can create a new agreement, which should be formalized through the court.
3. Review Date: Some support orders include a review date, at which point the order will be reassessed.
4. Retirement: The payor’s retirement can be grounds for modifying support, especially if it results in a significant drop in income.
5. Remarriage or New Adult Interdependent Relationship: While this doesn’t automatically terminate support, it can be a factor in modification or termination.

To modify or terminate a support order, either party can apply to the court. The court will consider the current circumstances of both parties and determine whether a change is warranted.

Conclusion

Navigating spousal support in Alberta can be complex and challenging. While this guide provides a comprehensive overview, each case is unique and may have additional factors to consider. If you’re dealing with spousal support issues, it’s crucial to seek professional legal advice.

At Kurie Moore Law Group, our experienced family law team can guide you through the intricacies of spousal support, whether you’re seeking support or being asked to pay. We’ll work to ensure that any support arrangements are fair and take into account all relevant factors of your specific situation.

Remember, while spousal support can be a contentious issue, it’s ultimately about ensuring fairness and financial stability for both parties after the end of a relationship. With the right legal guidance, you can navigate this process effectively and move forward with confidence.

For personalized advice on your spousal support case, contact Kurie Moore Law Group today. Our Sherwood Park Law team is here to help you understand your rights and options, and to advocate for your best interests throughout the legal process.