Spousal support in Alberta is treated very differently from child support. Child support is generally mandatory and calculated using legislated guidelines. Spousal support is not automatic and depends on whether the recipient can establish a legal entitlement to support in the first place.
When Is Spousal Support Available?
Spousal support may arise for:
- Married spouses under the federal Divorce Act
- Adult interdependent partners (common-law spouses) under Alberta’s Family Law Act
In Alberta, adult interdependent partners generally include couples who have lived together in a relationship of interdependence for at least three years, have a child together and a relationship of some permanence, or have signed an adult interdependent partner agreement.
Is Spousal Support Automatic?
No.
A spouse seeking support must first establish entitlement. Courts typically recognize three bases for entitlement:
- Compensatory support – where one spouse sacrificed career opportunities or earning potential for the benefit of the family.
- Non-compensatory (needs-based) support – where one spouse has a financial need and the other has the ability to pay.
- Contractual support – where a separation agreement or other contract provides for support.
For example, a spouse who left the workforce for several years to raise children may have a strong compensatory claim because the marriage affected their earning capacity.
How Is Spousal Support Calculated?
Unlike child support, there is no legislated table that automatically determines the amount.
Courts and lawyers commonly use the Spousal Support Advisory Guidelines (SSAG) to estimate support ranges. The SSAG are not law, but Alberta courts frequently use them as a starting point when determining both the amount and duration of support.
The calculation typically considers:
- Each spouse’s income
- Length of the relationship
- Ages of the parties
- Whether children are involved
- Child support obligations
- The economic consequences of the relationship and its breakdown
- The recipient’s financial need and the payor’s ability to pay
How Long Does Spousal Support Last?
There is no universal rule.
Support may be:
- Temporary during separation or litigation
- Time-limited for a specific number of years
- Indefinite in long-term relationships or where economic disadvantage is substantial
Longer relationships, particularly those involving significant income disparity or a lengthy absence from the workforce, often result in longer support periods.
Does Child Support Affect Spousal Support?
Yes.
Child support generally takes priority over spousal support. When children are involved, child support is usually calculated first, and then spousal support is determined using the parties’ remaining financial circumstances. The SSAG have separate formulas for cases with and without child support.
Can Spousal Support Be Changed?
Yes.
A support order or agreement may be varied if there has been a material change in circumstances, such as:
- A significant increase or decrease in income
- Retirement
- Disability
- Job loss
- A change in the recipient’s financial circumstances
The court will assess whether the change justifies modifying the support arrangement.
Tax Treatment
For many existing support arrangements, periodic spousal support paid pursuant to a qualifying court order or written agreement is generally deductible to the payor and taxable to the recipient, unlike child support, which is generally neither deductible nor taxable. The specific tax consequences depend on the wording and structure of the agreement or order and should be reviewed carefully.
Key Difference Between Child Support and Spousal Support
| Child Support | Spousal Support |
|---|---|
| Right of the child | Right of the spouse or partner |
| Usually mandatory if income criteria are met | Not automatic; entitlement must be proven |
| Calculated using legislated guidelines and tables | Calculated using SSAG ranges and judicial discretion |
| Focuses on the child’s needs | Focuses on economic consequences, need, and fairness |
| Usually ends when support obligations for the child end | May be temporary, time-limited, or indefinite |
In practice, the biggest question in most Alberta spousal support cases is not “How much?” but rather “Is there an entitlement to support at all?” Once entitlement is established, the SSAG often provide a useful framework for determining the appropriate amount and duration.