Spousal Support in Alberta: Understanding Your Entitlement

Following separation, one spouse may be entitled to receive financial support from the other. However, spousal support is not automatic, and a difference in income does not necessarily establish entitlement.

In Alberta, there are two primary grounds for entitlement to spousal support: compensatory and non-compensatory support. Depending on the circumstances, a spouse may be entitled to support on one or both grounds.

Compensatory Spousal Support

Compensatory spousal support recognizes the economic disadvantages one spouse may have experienced, or the advantages provided to the other spouse, during the relationship.

For example, one spouse may have sacrificed career opportunities to raise children, managed household responsibilities while the other spouse advanced their career, or relocated to support their spouse's employment.

In determining entitlement, the Court may consider whether a spouse:

• Gave up employment, education, or career advancement opportunities;
• Assumed primary responsibility for childcare and household duties;
• Contributed to the other spouse's career or business development; or
• Experienced reduced earning potential because of their contributions to the relationship.

The purpose is to recognize and compensate for the economic consequences of those contributions and sacrifices.

Non-Compensatory Spousal Support

Non-compensatory spousal support focuses on financial need and the economic hardship that may arise following separation.

This form of support recognizes that spouses may become financially dependent on one another during a relationship, leaving one spouse at a disadvantage when the relationship ends.

Relevant considerations include:

• The length of the relationship and the parties' ages;
• Each spouse's income, financial circumstances, and standard of living;
• Employment opportunities, education, and earning potential;
• Health conditions or disabilities affecting employment; and
• The ability of each spouse to become financially self-sufficient.

While the standard of living enjoyed during the relationship is relevant, spousal support does not guarantee that both parties will maintain precisely the same standard of living after separation.

How Much Spousal Support Is Payable, and for How Long?

Once entitlement is established, the next considerations are the amount and duration of support.

Courts frequently refer to the Spousal Support Advisory Guidelines, which provide suggested ranges based on the parties' incomes, length of cohabitation, and other relevant circumstances.

However, these Guidelines are not binding legislation, and each case must be assessed on its particular facts.

Ultimately, determining spousal support requires consideration of the relationship's history, each spouse's financial position, and the economic consequences of separation. A proper assessment of entitlement is the first step in determining whether support should be payable, in what amount, and for how long.