Spousal support, also known as alimony in Alberta, helps ensure financial fairness between separating spouses after a relationship ends.
The laws governing spousal support in Alberta fall under both the federal Divorce Act and the provincial Family Law Act, providing a framework for both married and common-law couples.
This guide explores the key factors courts consider when determining spousal support and provides practical information about calculating payment amounts in Alberta.
Eligibility for Spousal Support
Former spouses or adult interdependent partners who lived together for at least 3 years may qualify for spousal support in Alberta.
The relationship status must fall into one of these categories:
- Married couples who are separated or divorced
- Common-law partners who lived together for 3+ years
- Partners who have a child together and lived in a relationship of some permanence
Key Factors in Determining Support
Alberta courts examine several factors when deciding spousal support cases:
- Length of the relationship
- Roles and responsibilities during the relationship
- Current income of both parties
- Future earning capacity
- Age and health of both parties
- Child care responsibilities
- Standard of living during the relationship
Types of Spousal Support
Alberta recognizes these main types of support:
- Compensatory Support: Addresses economic disadvantages or advantages arising from the relationship
- Non-Compensatory Support: Based on financial need and standard of living
- Contractual Support: Based on agreements made between parties
Calculating Support Amounts
The Spousal Support Advisory Guidelines (SSAG) help determine payment amounts based on:
- Income difference between spouses
- Length of cohabitation
- Presence of dependent children
- Tax implications
Duration of Support Payments
Support duration typically follows these general rules:
| Relationship Length | Typical Support Duration |
|---|---|
| 0-5 years | 0.5 to 1 year per year of marriage |
| 5-20 years | 1 to 1.5 years per year of marriage |
| 20+ years | Indefinite support may be awarded |
Seeking Legal Help
Contact these resources for assistance with spousal support matters in Alberta:
- Law Society of Alberta Referral Service: 1-800-661-1095
- Legal Aid Alberta: 1-866-845-3425
- Resolution and Court Administration Services: 1-855-738-4747
Next Steps in Your Support Case
Take these practical steps to handle your spousal support case:
- Gather financial documents and income information
- Consider mediation before court proceedings
- Consult with a family lawyer
- Document your relationship history and contributions
- Keep records of all agreements and communications
For specific legal advice about your situation, contact an Alberta family lawyer or legal aid clinic.
Enforcement of Support Orders
The Maintenance Enforcement Program (MEP) in Alberta helps enforce spousal support orders:
- Automatic registration of court orders
- Collection and distribution of payments
- Enforcement actions for non-payment
- Interstate and international enforcement
Modifying Support Orders
Support orders can be changed if there are significant changes in circumstances:
- Loss of employment
- Serious illness or disability
- Retirement
- Recipient’s remarriage or new relationship
- Substantial income changes
Tax Implications
Understanding tax consequences of spousal support is crucial:
- Periodic payments are tax deductible for the payor
- Support payments are taxable income for the recipient
- Lump-sum payments have different tax treatment
- Written agreements must specify payment structure
Moving Forward After Support Arrangements
Successfully managing spousal support requires:
- Maintaining accurate payment records
- Following court orders precisely
- Communicating changes in circumstances
- Understanding your rights and obligations
- Planning for financial independence
Remember that spousal support arrangements can significantly impact both parties’ financial futures. Seeking professional legal advice ensures your rights are protected while meeting your obligations under Alberta law.
FAQs
- What is spousal support in Alberta?
Spousal support is a payment made by one spouse to the other after separation or divorce to help with living expenses and financial needs. - Who can claim spousal support in Alberta?
Either married spouses or adult interdependent partners can claim support. This includes common-law partners who have lived together for 3+ years or have a child together. - How is the amount of spousal support calculated in Alberta?
Courts use the Spousal Support Advisory Guidelines (SSAG), considering factors like income disparity, length of relationship, roles during marriage, and recipient’s needs and ability to become self-sufficient. - How long does spousal support typically last in Alberta?
Duration varies based on relationship length, typically ranging from 6 months to indefinite support. For marriages over 20 years, support may be indefinite. - Can spousal support be changed after it’s ordered?
Yes, support can be varied if there’s a material change in circumstances, such as job loss, retirement, or significant income changes for either party. - Is spousal support tax deductible in Alberta?
As of 2019, spousal support payments are no longer tax deductible for the payor or taxable for the recipient for agreements made after January 1, 2019. - Can I refuse to pay spousal support in Alberta?
No, refusing to pay court-ordered spousal support can result in legal consequences, including wage garnishment, property seizure, or enforcement through the Maintenance Enforcement Program (MEP). - Does remarriage affect spousal support in Alberta?
Remarriage of the recipient doesn’t automatically terminate support, but it may be grounds for variation if it significantly changes their financial circumstances. - What happens if I lose my job while paying spousal support?
You must apply to court to vary the support order. Continuing inability to pay due to job loss may be grounds for temporary reduction or suspension of payments. - Can spousal support be awarded if we never formally married?
Yes, adult interdependent partners (common-law) who qualify under Alberta’s Adult Interdependent Relationships Act can claim spousal support.
