The holiday season, often idealized as a period of familial harmony and festive cheer, can ironically serve as a stark backdrop to marital discord. For many Albertans, the forced togetherness and heightened family interactions during the holidays can exacerbate existing tensions, pushing the contemplation of separation or divorce to the forefront.

If you find yourself considering ending your marriage during or after the holidays, understanding the legal framework governing divorce in Alberta and taking proactive steps to prepare is paramount. This comprehensive guide outlines the key legal considerations and practical measures for Albertans navigating this challenging juncture.

The Legal Basis for Divorce in Alberta

Divorce in Canada is governed by the federal Divorce Act, which establishes the grounds upon which a divorce can be granted. In Alberta, a divorce can be obtained based on one of three grounds: separation, adultery, or cruelty.

Separation, the most common ground, requires that the spouses have lived separate and apart for at least one year. This separation does not necessarily mandate separate residences; it signifies a cessation of the marital relationship, even if the parties continue to reside under the same roof. Adultery, the second ground, involves a spouse engaging in extramarital sexual relations. Finally, cruelty, the third ground, refers to conduct by one spouse that renders continued cohabitation intolerable, encompassing both physical and mental mistreatment.

In practice, most Albertan divorces proceed on the basis of a one-year separation, providing a period for reflection and potential reconciliation.

Core Legal Considerations for Albertans Contemplating Divorce

Several critical legal dimensions must be addressed during divorce proceedings in Alberta. These include the division of family property, spousal support, child custody and access (now referred to as decision-making responsibility and parenting time or collectively as parenting), and child support.

Division of Family Property

Alberta’s Family Property Act governs the division of property between spouses, aiming for an equitable distribution of assets accumulated during the marriage. This typically involves an equal division of family property, which encompasses a broad range of assets, including the family home, vehicles, bank accounts, investments, and pension plans. While certain assets, such as property acquired before the marriage, gifts, or inheritances, may be excluded from equal division, any increase in their value during the marriage may be subject to division. This complex area of law requires careful consideration and professional legal advice.

Spousal Support

Spousal support, a financial provision made by one spouse to the other following separation, seeks to address economic disparities arising from the marriage or its dissolution. The determination of spousal support considers various factors, including the length of the marriage, the roles each spouse assumed during the marriage, the financial needs and resources of each spouse, and any agreements between the parties. Spousal support can be awarded as a lump sum payment or as periodic payments over a specified duration.

Child Custody and Access (Parenting)

When children are involved, determining appropriate parenting arrangements becomes a primary concern. Both the Divorce Act and Alberta’s Family Law Act prioritize the best interests of the child as the paramount consideration. The court assesses numerous factors, including the child’s physical, emotional, and psychological well-being, their needs, the relationship between the child and each parent, and each parent’s capacity to provide care.

The legal terminology has shifted from “custody” and “access” to “decision making” and “parenting,” reflecting a more nuanced understanding of parental responsibilities. Parenting arrangements can include shared parenting, where both parents have significant involvement in the child’s life, or sole parenting, where one parent has primary care and the other has designated parenting time.

Child Support

Both parents bear a legal responsibility to financially support their children. The Federal Child Support Guidelines provide a structured framework for determining basic child support amounts, based on the paying parent’s income and the number of children. Additional expenses, such as childcare costs, healthcare expenses not covered by provincial plans, and extracurricular activity fees, may be shared proportionally between the parents.

Preparing for a Potential Divorce: Practical Steps

If you’re seriously considering divorce, taking proactive steps can help protect your interests and prepare for the legal process:

1. Consult with a Lawyer: Seeking legal advice from an experienced family lawyer is crucial. A lawyer can explain your rights and obligations, advise you on the legal process, and help you develop a strategy.
2. Gather Financial Documents: Collect important financial documents, such as bank statements, tax returns, investment statements, and property ownership documents. This information will be essential for determining the division of family property and spousal support.
3. Document Important Events: Keep a record of significant events in your marriage, such as dates of separation, dates of reunification if your separation was interrupted, instances of conflict, and any agreements you and your spouse have made.
4. Open a Separate Bank Account: If you don’t already have one, open a bank account in your name only. This will help you establish financial independence.
5. Consider Mediation or Collaborative Law: These alternative dispute resolution processes can help you and your spouse reach a settlement outside of court, potentially saving time, money, and emotional distress.

Navigating the Holiday Season Amidst Marital Uncertainty

The holiday season can present unique challenges for those contemplating divorce. Here are some tips for navigating this difficult time:

1. Prioritize the well-being of children: If you have children, focus on creating a positive and stable environment for them. Avoid arguing with your spouse in front of them and try to maintain holiday traditions as much as possible. Maintaining established holiday traditions can provide a sense of stability during a turbulent time
2. Manage Expectations: Recognize that this holiday season may be different from previous ones. Try to manage your expectations and avoid putting too much pressure on yourself or your family.
3. Seek Support: Talk to trusted friends, family members, or a therapist for support. It’s important to have a support system during this challenging time.
4. Avoid Major Confrontations: If possible, avoid having major confrontations with your spouse during the holidays. This can escalate tensions and create further stress.

Getz Collins and Associates: Skilled and Compassionate Family Lawyers in Alberta

Contemplating divorce close to the holidays can make an already difficult time even more challenging and isolating. If you are considering ending your marriage, it is imperative that you understand your rights under the law, and take proactive steps to prepare for the possibility that life after the holidays might look very different.

The trusted and compassionate family lawyers at Getz Collins and Associates understand that family law disputes can be complex and emotionally draining. We take the time to listen to our clients and understand their situation to develop a tailored legal strategy to address outstanding issues, including support claims, parenting disputes, and property division matters.

With offices in both Calgary and Strathmore, Getz Collins and Associates is proud to represent clients across communities, including Airdrie, Cochrane, Okotoks, Drumheller, Chestermere, Hussar, and throughout Alberta. To schedule a confidential consultation with one of our family law team members, contact us online or by phone at (587) 391-5600.