Separation and divorce can be emotionally and financially challenging. Spousal support (sometimes referred to as “spousal maintenance” or “alimony”) is a financial arrangement established by a court order or separation agreement to help one spouse adjust to their new reality after the breakdown of a relationship.

This blog delves into the underlying principles of spousal support available to spouses in Alberta and will consider the eligibility requirements for spousal support awards.

The Guiding Principles of Spousal Support

Section 15.2 of the federal Divorce Act outlines the general principles for spousal support across Canada. In Alberta, depending on the parties’ circumstances, these principles are further elaborated upon in the Family Law Act (FLA). Both pieces of legislation emphasize various key objectives for spousal support awards, including:

• Needs-Based Approach: The spouse seeking support must demonstrate a financial need that cannot be met through their own resources. Spousal support also seeks to help the spouse requiring support to maintain a similar standard of living after the separation or divorce.
• Standard of Living: The standard of living enjoyed by the parties during the marriage will be considered, in addition to the discrepancies in the parties’ standard of living post-separation.
• Ability to Pay: The spouse paying support must have the financial capacity to pay spousal support without experiencing undue hardship.
• Self-Sufficiency: The overall objective is to promote self-sufficiency for both spouses while recognizing the contributions made by each spouse during the marriage. This helps share the economic consequences of the relationship breakdown between both parties.

It is important to note that the Federal Spousal Support Advisory Guidelines do not outline eligibility for support; rather, they deal with the amount and duration of support after entitlement has been established. Unlike the Federal Child Support Guidelines, the Spousal Support Advisory Guidelines are not law, although courts refer to them regarding issues relating to quantum and duration. Moreover, section 15.3(1) of the Divorce Act provides that when a court is considering an application for spousal support and an application for child support, priority shall be given to child support.

Principles of Spousal Support

There are three key principles which courts will consider when determining a spouse’s entitlement to a spousal support award:

• Compensatory support,
• Non-compensatory support (also referred to as “needs-based support”), and
• Contractual support.

Compensatory Support

Section 15.2(6) of the Divorce Act states that a claim for compensatory support is based on either the recipient’s economic loss or disadvantage based on the roles adopted by the parties during the marriage or on the recipient’s conferral of an economic benefit on the payor without adequate compensation. Some common examples of compensatory claims include a spouse staying at home with children full or part-time, being a “secondary earner”, or moving to allow the payor spouse to pursue a job opportunity. Compensatory spousal support is designed to achieve a fair economic balance between the spouses after separation.

Non-Compensatory Support

Conversely, claims for non-compensatory support aim to relieve the economic hardship of the spouses arising from the breakdown of the marriage and promote economic self-sufficiency for each spouse within a reasonable period. Non-compensatory support may be awarded in cases where one spouse has limited earning capacity due to health concerns or in cases where there is a disparity in living standards between the spouses.

Contractual Support

Contractual support claims arise from a mutual agreement between the parties based on terms outlined in a domestic agreement. For example, the parties may negotiate and agree upon terms relating to their respective spousal support obligations upon the breakdown of the marriage. However, these agreements must provide fair and equitable resolutions and align with spousal support principles.

In Miglin v. Miglin, the Supreme Court of Canada noted that these types of agreements warrant considerable respect; however, courts may overrule these agreements if they fail to comply with the overarching objectives of the Divorce Act. These agreements may also be overturned if it is determined that a party signed the document under duress or undue influence.

Spousal Support Eligibility

Spousal support is not an automatic entitlement in every divorce. To determine whether a spouse is eligible for spousal support, a court may consult the Spousal Support Advisory Guidelines and will consider various factors, including:

• The financial needs and resources of each spouse;
• The length of the marriage;
• The standard of living maintained by the parties during the marriage; and
• The contributions made by each spouse during the marriage (both financial and non-financial, such as household contributions and childcare responsibilities).

Spousal support may be awarded for a duration or indefinitely. The duration of the support will depend on various factors, such as:

• The parties’ age and health;
• The length of the marriage; and
• The recipient spouse’s ability to become financially self-sufficient.

Making a Claim for Spousal Support

It is important to remember that courts will contemplate various factors to resolve spousal support claims fairly and effectively. When making a claim, it is important for the spouse seeking support to demonstrate their entitlement to support through sufficient evidence. Examples of financial and non-financial contributions made during the marriage can help support a claim for spousal support.

It is also recommended to seek legal advice from an experienced family lawyer who can guide you through the complexities of spousal support and provide insights based on your circumstances. Your family lawyer can also help you compile and present compelling evidence supporting your claim. It is also important to remember that these types of claims can be complex, as spousal support aims to establish long-term fairness for both parties and address the long-term effects of marital roles and the financial imbalances stemming from the relationship breakdown.

The Family Lawyers at Getz Collins and Associates in Calgary and Strathmore Represent Clients in Spousal Support Claims

The knowledgeable family lawyers at Getz Collins and Associates regularly work with clients to resolve various issues resulting from a marriage’s breakdown, including divorce proceedings, child support matters, and spousal support claims. Whether you want to advance a spousal support claim, vary a spousal support order due to a change in circumstances, or require assistance enforcing a spousal support order, our family lawyers can help.

With offices located in Calgary and Strathmore, Getz Collins and Associates advises and represents clients across Alberta. To speak with a member of our family law team regarding your spousal support questions, contact us by phone at (587) 391-5600 or reach out to us online.