1. What is Spousal Support?
Spousal support, sometimes called alimony or maintenance, is financial support paid by one spouse to the other after separation or divorce. Unlike child support, which is calculated using fixed tables, spousal support involves more discretion and considers multiple factors.
In Alberta, spousal support can arise under two laws: the federal Divorce Act (for married couples divorcing) and the provincial Family Law Act (for married couples separating without divorce, or for adult interdependent partners).
Objectives of Spousal Support
- Recognize economic advantages or disadvantages from the relationship
- Apportion financial consequences of child care responsibilities
- Relieve economic hardship arising from the breakdown
- Promote economic self-sufficiency within a reasonable time
2. Who is Eligible for Spousal Support?
Eligibility for spousal support depends on establishing both entitlement and need. There are three bases for entitlement recognized by Canadian courts:
Compensatory
Compensation for economic sacrifices made during the relationship, such as giving up career opportunities to raise children or support a spouse's career.
Non-Compensatory
Based on need and the standard of living during the marriage, regardless of specific sacrifices. Addresses the disadvantage from relationship breakdown.
Contractual
Arising from a separation agreement, prenuptial agreement, or cohabitation agreement that specifies support terms.
Common law partners (Adult Interdependent Partners in Alberta) may also be entitled to spousal support if they meet the criteria under the Family Law Act.
3. How Spousal Support is Calculated
While not legally binding, the Spousal Support Advisory Guidelines (SSAG) provide ranges that courts and lawyers use to calculate appropriate support amounts.
SSAG Formulas
Without Child Support Formula
1.5% to 2% of the difference in gross incomes multiplied by years of marriage, up to 50% of the income difference.
With Child Support Formula
More complex calculation that considers child support obligations and aims to equalize net household incomes.
Example Calculation (No Children)
15-year marriage. Payor earns $120,000, recipient earns $40,000. Income difference: $80,000.
- Low range: 1.5% × $80,000 × 15 years = $18,000/year ($1,500/month)
- High range: 2% × $80,000 × 15 years = $24,000/year ($2,000/month)
4. Duration of Spousal Support
How long spousal support lasts depends primarily on the length of the marriage and the ages of the parties.
General Duration Guidelines
- Short marriages (under 5 years): 0.5 to 1 year per year of marriage
- Medium marriages (5-19 years): 0.5 to 1 year per year, with range widening
- Long marriages (20+ years): Often indefinite support
- Rule of 65: If marriage length plus recipient's age equals 65 or more, support may be indefinite
"Indefinite" doesn't mean permanent—it means support continues without a fixed end date, subject to review or variation.
5. Types of Spousal Support
Periodic Support
Regular monthly payments, the most common form. Can be varied if circumstances change. Tax deductible for payor, taxable income for recipient.
Lump Sum Support
One-time payment instead of ongoing support. Provides certainty but cannot be varied. Not tax deductible and not taxable income.
Indefinite Support
No fixed end date. Common after long marriages or when recipient is unlikely to become self-sufficient. Subject to review.
Time-Limited Support
Set end date to allow recipient time to retrain or find employment. May include step-down provisions reducing amount over time.
6. Changing or Ending Support
Spousal support can be varied or terminated when there's a material change in circumstances:
- Significant income changes for either party
- Recipient becoming self-sufficient
- Payor's retirement
- Recipient's repartnering or remarriage
- Health changes affecting ability to work or pay
- Reaching a review date set in the original order
Automatic Termination Events
Support automatically ends on the death of either party unless otherwise specified. Remarriage of the recipient may reduce but doesn't automatically terminate support—cohabitation is typically more relevant.