Spousal Support

Spousal support (also known as alimony) is a financial payment one spouse may be required to make to the other after separation or divorce. Its goal is to:

• Reduce economic hardship

• Recognize financial contributions made during the relationship

• Help the lower-earning spouse regain independence

In Alberta, either party—regardless of gender—may be eligible for support if they were financially dependent during the relationship or made significant contributions to the other spouse’s success.

Spousal support is guided by the Spousal Support Advisory Guidelines (SSAG). These consider:

• The length of the relationship

• Income differences

• Whether there are children involved

• Roles and contributions during the relationship

While SSAG provides a helpful range, Alberta courts have discretion to adjust support based on individual circumstances. That’s why legal advice is key to ensuring a fair and accurate calculation.

There’s no one-size-fits-all answer. Duration depends on factors like:

• Length of the relationship (common guideline: 0.5 to 1 year of support for each year of marriage)

• Age and health of the recipient

• Ability to become financially self-sufficient

In some cases—especially long-term marriages or where independence isn’t possible—support may be indefinite.

Yes. A spousal support order can be modified if there’s a significant change in circumstances, such as:

• A major increase or decrease in income

• Remarriage or a new partnership

• Changes in employment or health

• The recipient becoming financially independent

Either party can apply to the court to vary or terminate support based on these changes.

If a paying spouse isn’t meeting their obligations, Alberta’s Maintenance Enforcement Program (MEP) can step in. MEP can:

• Garnish wages or tax returns

• Seize bank accounts or property

• Suspend driver’s licenses or passports

If you’re not receiving payments, don’t wait—contact a lawyer and MEP right away to begin enforcement.

While both are financial obligations, they serve different purposes:

• Child support is mandatory and supports the child’s needs

• Spousal support addresses financial inequality between spouses

Courts always prioritize child support first. If funds are limited, spousal support amounts may be adjusted to ensure children are supported first.

Yes. In Alberta, spousal support may apply to common-law relationships, legally known as Adult Interdependent Relationships (AIRs). To qualify, partners must:

• Live together for at least 3 years, or

• Have a child together, or

• Sign an Adult Interdependent Partner Agreement

Eligibility and calculations are similar to married couples.

• Compensatory support is awarded when one spouse sacrificed career opportunities or income for the relationship (e.g., staying home to raise children).

• Non-compensatory support is based on financial need after separation, even if no specific sacrifice occurred.

In many cases, courts may award a combination of both.

Yes. In most cases:

• Recipients must report spousal support as taxable income

• Payers can claim spousal support as a tax deduction

This applies only if payments are made under a written agreement or court order. Always consult a tax professional or your lawyer to ensure CRA compliance.

You can:

• File a claim through the Alberta Court of Justice or Court of King’s Bench

• Negotiate and formalize a spousal support agreement with your former partner

To support your application, gather documents such as:

• Income statements

• Monthly budgets

• Tax returns

• Proof of expenses and assets

Legal representation can help present your case effectively and ensure your financial interests are protected.