Spousal support in Alberta can be a highly complex issue, as there are multiple steps and considerations to determining appropriate support, one of which is the ‘Rule of 65’. The Spousal Support Advisory Guidelines offer direction for courts in Alberta when deciding whether a party is entitled to spousal support and when calculating spousal support in terms of quantum and duration. The ‘Rule of 65’ speaks specifically to the duration of spousal support after entitlement has already been proven.
In Alberta, the Guidelines also include the ‘Rule of 65’, which allows for indefinite support if the years of marriage plus the age of the support recipient at the time of separation equals or exceeds 65. While similar spousal support principles exist in other provinces, the application of the ‘Rule of 65’ and the weight it carries may vary slightly by province.
Applicability of the ‘Rule of 65’
Once a spouse has proven entitlement to spousal support, the Court has to consider the duration (the amount of time that spousal support payments should be paid) and the quantum (the spousal support amounts that should be paid). The ‘Rule of 65’ is a factor in determining the duration of support. The support recipient may be entitled to indefinite spousal support if the ‘Rule of 65’ is met.
However, there is an important exception to the ‘Rule of 65’ in the case of a short marriage. The Spousal Support Advisory Guidelines consider a short marriage to be one that is under five years in length. If the marriage was shorter than five years, even if the ‘Rule of 65’ is met, the Rule does not apply, and spousal support obligations would not be indefinite.
The Guidelines provide for another situation when indefinite support duration can be ordered, such as when the marriage was 20 years in length or longer. Note that indefinite support duration does not mean spousal support will be paid forever. It means that there is no defined period after which the spousal support will end. The spousal support will be subject to review and variation as required, as the circumstances and needs of the parties change.
Keep in mind however that the ‘Rule of 65’ provides guidance on the duration for spousal support. The potential support recipient must still prove entitlement to spousal support before moving onto the analysis of quantum and duration of support. Given the complexities, consulting a skilled spousal support lawyer is crucial to navigate these rules effectively.
How Kirk Montoute Dawson LLP Can Help You Understand Spousal Support Guidelines in Alberta
Your financial stability shouldn’t be left to uncertainty. If you’re facing a claim or need guidance on protecting your assets, Kirk Montoute Dawson LLP offers tailored expertise to achieve equitable resolutions in spousal support and child support cases. Contact us today to discuss your case with a skilled team committed to safeguarding your interests.
Author: Michael Ross