This blog is intended to provide general information and is not a substitute for legal advice. Please consult a qualified attorney for guidance specific to your case.
Spousal support, often referred to as alimony, is one of the most common concerns during separation and divorce in Alberta. The purpose of spousal support is to mitigate the financial disparity that may arise when one spouse earns significantly more than the other. The goal is to support the lower-income spouse in maintaining a standard of living comparable to what they experienced during the marriage.
There are three main types of spousal support: compensatory, non-compensatory, and contractual. Compensatory support addresses financial sacrifices made by one spouse, such as leaving a career to raise children. Non-compensatory support is awarded when one spouse needs financial assistance, regardless of their contributions during the marriage. Finally, contractual support may be laid out in a prenuptial or separation agreement.
In Alberta, courts use the federal Spousal Support Advisory Guidelines (SSAG) as a reference when determining the amount and duration of support, though they are not mandatory. Factors that influence spousal support decisions include the length of the marriage, the roles played by each spouse during the relationship, and each spouse’s financial needs and resources. By understanding these factors and how spousal support is determined, you can better prepare for discussions with your lawyer.
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