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Family Law Services
Spousal or partner support can have a lasting impact on both people after a relationship ends. Whether you may be entitled to receive support or may be required to pay it depends on your circumstances, including your finances, the length of the relationship and the roles each person had during it.
Spousal & Partner Support
Spousal and partner support is intended to address certain financial effects that may arise when a marriage or adult interdependent relationship ends. It is not automatic in every separation, and entitlement must generally be considered before determining the amount or duration of support.
At Richmond Tymchuk Family Law LLP, our lawyers take the time to understand your financial circumstances, your relationship history and the roles each person played. We can help you assess whether support may apply, what information is needed and how to approach negotiations or court proceedings with a clear strategy.
01
There is no single calculation that determines whether someone is entitled to spousal support. Under the Divorce Act, courts consider both spouses’ circumstances, including their financial means and needs, how long they lived together, the roles they played during the relationship, and any existing support agreements or orders.
Other considerations can include the economic impact of the relationship and its breakdown, responsibilities relating to children and each person’s ability to become financially self-sufficient where reasonable.
We can help you understand how these factors apply to your circumstances, rather than relying on a one-size-fits-all approach.
02
Once entitlement has been established, lawyers and courts often use the Spousal Support Advisory Guidelines to help assess possible ranges for the amount and duration of support.
The Guidelines are not law and do not determine whether someone is entitled to support. They provide suggested ranges based on factors such as income, length of the relationship and whether children are involved, and judges often consider them when deciding support matters.
03
Spousal support is not limited to married couples. Alberta’s Family Law Act also contains support provisions for qualifying adult interdependent partners.
An adult interdependent relationship may exist when two people live together in a relationship of interdependence for at least three years, have a relationship of some permanence and a child together, or have entered into an adult interdependent partner agreement.
The applicable legislation depends on your circumstances. Married spouses seeking a divorce generally deal with spousal support under the federal Divorce Act, while Alberta’s Family Law Act applies to adult interdependent partners and certain married spouses who have separated but are not divorcing.
04
Financial circumstances can change after an agreement or support order is put in place. Changes in income, employment, retirement or other significant circumstances may create a reason to review an existing arrangement.
The process for changing support depends in part on the legislation under which the original order was made. Alberta notes that Family Law Act support orders are changed under that legislation, while an existing Divorce Act spousal support order must be varied under the Divorce Act.
Our lawyers can review your existing agreement or order and help you understand whether a change may be appropriate.
Spousal and partner support can influence your financial position well beyond the initial separation. We’ll take you through entitlement, potential support amounts and duration, negotiate practical terms and develop a strategy that reflects your financial circumstances and future needs.
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