The Ins and Outs of Spousal Support and Adult Interdependent Support

Spousal Support

What is Spousal Support?

Spousal support is money paid from one spouse to the other after the couple has separated or divorced. Sometimes spousal support is referred to as alimony or maintenance.

Many factors are taken into consideration to determine whether a spouse is entitled to spousal support and how much, if any, that spouse should receive. Spousal support can be paid on a periodic basis (ie. monthly) or as a one-time lump sum.

How Do You Determine Who Pays for Spousal Support?

Either spouse can ask for spousal support, but in most cases, spousal support is requested by the spouse with the lower income. The facts and circumstances in each case are different but a judge would consider the following factors to determine whether or not spousal support should be paid:

• The financial means, needs and circumstances of both spouses;
• The role each spouse played in the marriage;
• The length of the relationship, including periods of cohabitation;
• If children are involved and the ongoing responsibilities to care for them;
• How the breakdown of the marriage affects both spouses’ current financial position;
• If there are any previous court orders or agreements made about spousal support;
• Recognize any economic advantage or disadvantage to the parties arising from the relationship or its breakdown;
• Apportion between the parties any financial consequences arising from child care/rearing of children of the relationship over and above any obligation for the support of any child of the relationship;
• Relieve any economic hardship of the spouses arising from the breakdown of the relationship; and
• In so far as practicable, promote the economic self-sufficiency of each party within a reasonable period of time.

Calculating Spousal Support:

Calculating spousal support once it has been determined that a spouse is entitled to spousal support is one of the most complex areas of family law. The goal when calculating spousal support is to determine an amount that would be fair and appropriate for your particular circumstances. Many Canadian courts and law professionals use the Spousal Support Advisory Guidelines. However, these guidelines are not law and your particular circumstances must be taken into consideration along with the guidelines.

Duration of Spousal Support: How Long Does A Person Have to Pay For?

The duration of spousal support differs depending on the length of the relationship, the ages of the spouses at the time of separation, etc. Sometimes spousal support is paid for a limited amount of time and in other cases it continues indefinitely, unless there’s a ‘material’ change in circumstances and the court makes a subsequent order changing the paying spouse’s obligations.

An example of a ‘material’ change in circumstance is if the paying spouse loses his or her job and can no longer pay the amount specified in the court order. In that example a court may decide that the paying spouse’s obligations should be changed.

If the court order or agreement states that spousal support will end on a specific date or when a certain event takes place, then payment stops at that point. An example would be if the court order or agreement specifically states that spousal support ends on the recipient spouse graduating from graduate school or re-marrying, whichever occurs first, then the paying spouse’s obligations end on the happening of one of those events.

Do you believe you are entitled to spousal or adult interdependent support?
Our family law team can walk you through the process and answer any questions you make have.

Ahlstrom Wright has offices in Sherwood Park, AB and Yellowknife, NWT

Contact Ahlstrom Wright for more information about this and other areas of Family Law.

I Am Already Paying Spousal Support From A Previous Marriage… Now What?

A spouse may be required to pay spousal support for a previous marriage and spousal support for the current marriage. Under those circumstances an adjustment to the spousal support from the previous marriage may be needed, but it is not automatic. The Court will still consider the paying spouse’s means to pay, any evidence of a significant impact on the ability to pay, and all the other factors mentioned above in your circumstances.

What is Interjurisdictional Spousal Support?

A spouse can get an Interjurisdictional Support Order when the paying spouse lives outside of Alberta, the recipient spouse lives in Alberta and one of the following applies to you:

• You were divorced outside Canada
• You were never married
• You were married but a divorce action has not been started
• You have not started a divorce action in Alberta

Interjurisdictional Spousal Support is support to a spouse or partner if you or the other party lives outside Alberta. The Interjurisdictional Spousal Support application can create, change or enforce a support order when the payor or recipient spouse or partner lives outside of Alberta.

My Ex Is Refusing to Pay for Spousal Support… What Can I Do?

There are many options available to you if your ex-partner is refusing to pay spousal support. Refusal or failure to pay spousal support under a court order or an agreement is a breach of a court order or agreement. A breach of a court order may result in contempt of court.

Court ordered spousal support is enforceable like any other court order. The steps to take to enforce spousal support vary depends on what would be most beneficial to you in your circumstances. Please contact Ahlstrom Wright’s family law lawyers in Sherwood Park, Alberta to assess your circumstances and provide you with options to enforce spousal support.

Adult Interdependent Support

What is Adult Interdependent Support?

Many do not realize the potential ramifications when parties decide to cohabitate. One of the ramifications is the possibility that one partner may be required to pay support to the other partner when the relationship ends.

Adult Interdependent Support is determined by first the Court determining that the parties involved qualified as adult interdependent partners. To qualify as an adult interdependent partner pursuant to the Adult Interdependent Relationships Act, the parties must have lived together in a relationship of ‘interdependence’ for either a continuous period of 3 years or more or of some permanence, if there is a child of the relationship by birth or adoption, or if the parties entered into an adult interdependent partner agreement.

Interdependence is defined by the Adult Interdependent Relationships Act as a relationship outside of a marriage where the two parties share one another’s lives, are emotionally committed to one another, and function as an economic and domestic unit.

How Do You Determine Who Pays for Adult Interdependent Support?

Similar to spousal support, either partner may ask for support, but in most cases, support is requested by the partner with the lower income.

Once the Court determines that the parties were in an adult interdependent relationship, then the Court determines whether or not the partner requesting support is entitled to support by considering many factors including but not limited to, the four factors for support used in divorces as follows:

• Recognizing any economic advantage or disadvantage to the parties arising from the relationship or its breakdown;
• Apportioning between the parties any financial consequences arising from child care/rearing of children of the relationship over and above any obligation for the support of any child of the relationship;
• Relieving any economic hardship of the spouses arising from the breakdown of the relationship; and
• In so far as practicable, promote the economic self-sufficiency of each party within a reasonable period of time.

Amount and Duration of Adult Interdependent Support:

The Spousal Support Advisory Guidelines would be used to determine the range of the amount of support that should be paid and the duration that it should be paid. The shorter the relationship the more likely the duration of support will be short as well, however, there are several factors that can affect the duration and amount such as the role of the partners in the relationship, whether one partner moved locations for the other partner, the means and needs of the parties, etc.

The family lawyers of Ahlstrom Wright understand that support is a complex subject and we are here to help. Please contact one of the Ahlstrom Wright family law lawyers to help you navigate your particular circumstances to determine whether or not you are entitled to support, and if so, how much and for how long.