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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.