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How Long Do You Have to Pay Spousal Support Alberta?

How Long Do You Have to Pay Spousal Support Alberta?

Spousal support is also important for separated and married couples. It establishes a responsible act from one spouse to another. However, many people do not know how long they must pay spousal support Alberta

Therefore, we cannot provide you with a simple answer to this question. In this blog, we will guide you through the factors and laws that affect the duration of spousal support. 

What is Spousal Support Alberta?

You may have known spousal support as “Alimony” or spousal maintenance. It is a financial arrangement between separating spouses. It aims to balance finance and promote self-efficiency.

  • Balance Finances: Spousal support helps the lower-earning spouse maintain a standard of living.
  • Promote Self-Sufficiency: It assists the recipient spouse in achieving financial independence.

Things to Consider in Spousal Support

There are two aspects to consider in spousal support, those are; entitlement and amount & duration. Before the court decides your separation, you must have gone through the two steps.

  • Entitlement: Not everyone is automatically entitled to spousal support Alberta. Courts consider factors like the length of the marriage, income disparity, and childcare responsibilities.
  • Amount and Duration: These depend on your specific circumstances. We will elaborate on this in the next section of this blog.

How is the Spousal Support Duration Determined?

The spousal support duration is nothing you can set on your own. There is no specific order of amount. Rather, the court considers various factors, such as relationship length, children, sufficiency, and lifestyle.

Length of Relationship

A longer marriage typically translates to a longer support duration. For marriages without children, support might last for half to one year per year of “cohabitation agreement.”

Presence of Children

If you have children, support might continue until the youngest finishes high school. It can even surpass the cohabitation period.

Self-Sufficiency

The court assesses the recipient spouse’s ability to re-enter the workforce, considering age, health, and childcare responsibilities.

Pre-Separation Lifestyle

The past lifestyle during the marriage can influence the support amount and duration.

There are also a couple of “rules of thumb” courts might reference:

  • 20-Year Rule: If cohabitation exceeds 20 years, support might be indefinite.
  • 65-Year Rule: Support might be indefinite when the recipient’s age plus the cohabitation period equals 65 or more.

Note that we are speaking to you about the general guidelines. You can get a family lawyer and better suggestions and solutions for your certain condition.

When Does Spousal Support End?

Spousal support Alberta typically ends when the recipient remarries, sets an expiry period, or becomes retired. Remarriage signifies a change in financial circumstances, often leading to support termination. 

Further, if a specific support duration was agreed upon in a separation agreement or court order, payments will cease upon its completion. 

Lastly, retirement can significantly impact a payor’s financial situation, so the court will order them to stop giving support. 

How Can You Terminate Spousal Support Early?

There are three main approaches to make the spousal support ends early. You can:

  • Look at Your Spousal Support Contract
  • Talk About It with Your Ex-spouse
  • Terminate the Spousal Support by Applying to the Court:

Look at Your Spousal Support Contract

If a separation agreement outlines specific termination conditions, those provisions will dictate the process. Mostly remarriage can end the spousal support instantly.

Talk About It with Your Ex-spouse

Open communication can lead to an amicable agreement to modify or terminate support based on changed circumstances.

Terminate the Spousal Support by Applying to the Court

If an agreement can’t be reached, you can apply to modify or terminate support. However, demonstrating a significant change in your financial situation or the recipient’s circumstances is necessary.

What Might Trigger an Early Termination of Spousal Support?

A court might consider terminating support early due to:

  • Change in Income: A significant increase in the recipient’s income or a decrease in the payor’s income could justify a modification or termination.
  • Cohabitation of the Recipient Spouse: If the recipient spouse starts living with a new partner in a common-law relationship, it might affect their financial situation and potentially lead to support termination.

Early termination is harder than it is said for some surrounding problems. So, consulting a lawyer is vital to understanding your options and navigating the legal process effectively.

Last Words

The duration of spousal support in Alberta is case-specific. This blog provides a general overview. It’s crucial to seek legal guidance to understand your rights and obligations regarding spousal support in your unique situation.

FAQs

How can lawyers help you avoid spousal support Alberta?

Lawyers cannot guarantee avoiding spousal support entirely, but they can significantly strengthen your position. They can advise on strategies to minimize payments, like prenuptial agreements or fair division of assets. In court, they can represent you effectively and argue for a shorter duration or lower amount.

Do I have to pay spousal support while separating in Canada?

Canadian spousal support does not come automatically after the divorce. Courts consider factors like income disparity and marriage length. You might not have to pay if your incomes are similar or the marriage was brief. You can portray your income better with the help of a family lawyer. 

Does spousal support last forever?

No. Spousal support rarely lasts forever. It typically ends upon remarriage, death of a spouse, or a court-ordered duration. Courts consider factors like marriage length and income to determine the duration. The judge can decide, so you need an experienced lawyer to satisfy him.

What will happen if I fail to provide spousal support?

Ignoring spousal support can be costly. Your ex-spouse can get a court order to garnish your wages or seize home assets. Moreover, you might face fines, license suspension, or even jail time. So you should not risk it and follow the court order.

What is the procedure in Canada for ending spousal support?

In Canada, spousal support ends through a court-approved agreement. The court works on reaching a new agreement with your ex-spouse or demonstrating a significant change in your or your ex’s financial circumstances like job loss, remarriage, etc. 

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