Spousal Support

Spousal Support in Alberta: What You Need to Know

When a marriage or common-law relationship ends, one of the most pressing financial concerns can be spousal support. Also known as alimony, spousal support is designed to address economic imbalances that arise after separation—particularly in cases where one partner was financially dependent during the relationship.

At 587LAWYERS, we help individuals across Alberta understand their rights and responsibilities when it comes to spousal support, and advocate for fair, legally sound outcomes.

What Is Spousal Support?

Spousal support is a court-ordered or agreed-upon financial payment made by one spouse to the other after a separation or divorce. Its purpose is to reduce financial hardship, recognize the contributions made by each spouse during the relationship, and help the lower-earning spouse transition toward financial independence. Spousal support may apply to both married and common-law (Adult Interdependent) partners.

In Alberta, either party—regardless of gender—may be eligible for support. Eligibility often depends on whether a spouse sacrificed career or education opportunities, contributed to the other’s financial success, or cannot maintain the same standard of living post-separation.

How Spousal Support Is Determined

Spousal support in Alberta is guided by the Spousal Support Advisory Guidelines (SSAG), which offer a framework for determining whether support is appropriate, as well as the amount and duration. These guidelines consider:

• The length of the relationship

• Income disparities between partners

• Whether children are involved

• Each person’s roles and contributions during the relationship

• Age, health, and capacity for self-sufficiency

While the SSAG provide helpful ranges, they are not mandatory. Alberta courts have the discretion to deviate from these ranges based on the specific facts of the case. For this reason, personalized legal advice is essential when calculating or negotiating spousal support.

Duration of Support

The length of time spousal support is paid varies based on individual circumstances. A common benchmark is half to one year of support for each year of the relationship, but this may be extended in long-term relationships or where the recipient cannot become financially independent due to age, health, or caregiving responsibilities. In some cases, support may be indefinite.

Modifying or Ending Support

Spousal support orders are not always permanent. Either party can request a change if there has been a material change in circumstances, such as:

• A significant increase or decrease in income

• Remarriage or new cohabiting relationship

• Health issues or changes in employment

• The recipient becoming self-sufficient

Our legal team can assist with applications to vary or terminate support agreements, ensuring your evolving situation is fairly reflected in court orders.

Enforcement of Spousal Support

If the paying spouse fails to meet their obligations, Alberta’s Maintenance Enforcement Program (MEP) can enforce the order. MEP has legal authority to garnish wages, intercept tax refunds, and take other actions to collect unpaid support. If you are not receiving court-ordered payments, legal guidance is available to help you initiate enforcement quickly.

Tax Considerations

Spousal support payments made under a formal agreement or court order are generally tax-deductible for the payer and taxable for the recipient. It’s important to structure agreements properly and consult both your lawyer and tax advisor to ensure compliance with CRA regulations.

Spousal Support for Common-Law Relationships

In Alberta, common-law partners may also be entitled to spousal support. Legally referred to as Adult Interdependent Relationships, these partnerships may qualify for support if the parties lived together for three years, had a child together, or signed an Adult Interdependent Partner Agreement. The criteria for support mirror those applied to married couples.

Types of Spousal Support

Spousal support can be awarded on two main grounds:

• Compensatory support recognizes one spouse’s sacrifice or contributions to the other’s career or education.

• Non-compensatory support addresses ongoing financial need after separation, regardless of prior sacrifices.

Courts often award a blend of both types, depending on the circumstances.

Support That Reflects Your Needs

At 587LAWYERS, we understand the emotional and financial weight that spousal support can carry. Whether you’re applying for support, responding to a claim, or seeking to vary an existing order, our experienced family law team will guide you through each step with clarity and compassion.

Contact us today for personalized legal advice tailored to your circumstances. We’re here to help you move forward with confidence.