Understanding Spousal Support in Alberta and How Entitlement is Determined

Alberta’s Spousal Support Advisory Guidelines offer formulas for deciding the amount and duration of spousal support to be paid following a divorce. However, using the guidelines to calculate spousal support can lead to a variety of potential payment amounts. Even with these guidelines, the determination of spousal support can be very complicated.

Before the amount and duration of support are decided, entitlement to the support must be established. The fact that one spouse earns more income than the other does not automatically mean that spousal support should be paid. Entitlement to spousal support is based on compensatory or non-compensatory claims, so let’s discuss the difference between the two.

What Is Spousal Support?

Spousal support is financial assistance paid by one spouse to the other following a separation or divorce. Its purpose is to address economic imbalance resulting from the breakdown of the relationship. Depending on the circumstances, spousal support may be intended to compensate a spouse for economic sacrifices made during the marriage, to assist a spouse who is experiencing financial need, or to help both parties transition to financial independence.

Spousal support may be paid on a temporary or long-term basis and can take the form of periodic payments or, in some cases, a lump-sum payment. Each case is assessed on its own facts, taking into account the nature of the relationship and its financial consequences.

Who Can Claim Spousal Support in Alberta?

In Alberta, both married and unmarried spouses (Adult Interdependent Partners) may be entitled to claim spousal support, although the governing legislation differs. Married spouses make claims under the Divorce Act, while unmarried partners may seek spousal support under Alberta’s Family Law Act, provided they qualify as Adult Interdependent Partners.

Eligibility depends on several factors, including the length of the relationship, the roles each spouse assumed during the relationship, their respective incomes and earning capacities, and whether one spouse suffered an economic disadvantage as a result of the relationship or its breakdown. Courts also consider whether the spouses became economically interdependent over time and whether one spouse has a demonstrated financial need following separation.

Compensatory Spousal Support

Compensatory spousal support is awarded because of an economic disadvantage caused by the marriage. For example, one spouse’s role during the marriage may have involved child-rearing that resulted in the spouse’s loss of earning capacity. Compensatory claims for spousal support can also be based on child-rearing and other matters related to lost earning capacity after the divorce.

Non-Compensatory Spousal Support

Non-compensatory spousal support is need-based. Married couples tend to become economically interdependent. That is to say, one spouse may require support from the other to meet basic needs after the marriage.

Non-compensatory support is generally meant to address economic hardship resulting from the divorce. However, it may also be awarded if one spouse’s standard of living declines significantly from the standard during the marriage.

Need Help Understanding Spousal Support and Your Rights and Obligations After a Divorce?

Determining entitlement to spousal support in Alberta can be a complex process, involving several factors. At Kirk Montoute Dawson LLP, our experienced family lawyers can guide you through the legal requirements, providing clear and practical advice to help you understand your rights and obligations and protect your interests. Contact us today to discuss your case and get the legal guidance you need.

For more on how the duration of spousal support is determined, please read Things You Should Know About Spousal Support Guidelines in Alberta.

A helpful user’s guide is also provided by the Department of Justice Canada.

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