Edmonton Spousal Support

Frequently Asked Questions

How is spousal support calculated in Edmonton?

Spousal support calculations follow federal guidelines considering:

• Length of marriage/relationship
• Income of both parties
• Standard of living during marriage
• Age and health of both parties
• Child care responsibilities
• Financial needs and means

What factors determine spousal support amounts?

The court considers:

• Length of marriage
• Roles during marriage
• Current income and earning capacity
• Age and health
• Child care responsibilities
• Financial needs and means
• Standard of living during marriage

How long does spousal support last?

Duration depends on:

• Length of marriage
• Age of recipient
• Health of both parties
• Financial circumstances
• Child care responsibilities
• Ability to become self-sufficient

Can spousal support be modified?

Yes, if there is a material change in circumstances such as:

• Significant income change
• Health issues
• Remarriage of recipient
• Retirement
• Job loss
• Change in child care needs

What is the difference between spousal and child support?

Spousal support:

• Paid to former spouse
• Based on need and ability to pay
• Taxable to recipient
• Tax deductible to payor

Child support:

• Paid for children
• Based on guidelines
• Not taxable
• Not tax deductible

How do I enforce spousal support payments?

Options include:

• Maintenance Enforcement Program
• Court application
• Wage garnishment
• Property seizure
• Contempt proceedings

What happens if I can’t pay spousal support?

You should:

• Contact your lawyer
• Apply to vary the order
• Document financial changes
• Keep records of attempts to pay
• Consider mediation

Can spousal support be waived?

Yes, but:

• Must be in writing
• Both parties should have legal advice
• Full financial disclosure required
• Consider future circumstances
• May be challenged later

What is a spousal support agreement?

A written contract that:

• Outlines support terms
• Specifies payment amounts
• Sets duration
• Includes review provisions
• Can be made into court order

How is spousal support taxed?

For tax purposes:

• Taxable income to recipient
• Tax deductible to payor
• Must be court ordered or written agreement
• Must be periodic payments
• Must be for support

What happens if my ex-spouse remarries?

In Alberta:

• Support usually ends
• Must apply to court
• Need to show remarriage
• May need to repay overpayments
• Consider tax implications

Can I get spousal support if we weren’t married?

Yes, if:

• Lived together 3+ years
• Have a child together
• Entered into adult interdependent relationship
• Meet other criteria under Family Law Act

How do I apply for spousal support?

The process involves:

1. Complete court forms
2. File at Court of King’s Bench
3. Serve documents
4. Attend court if necessary
5. Get order or agreement

What is interim spousal support?

Temporary support that:

• Provides immediate assistance
• While case is pending
• Based on initial evidence
• Can be adjusted later
• Helps maintain status quo

How do I stop paying spousal support?

You must:

• Get court order
• Show change in circumstances
• Follow proper procedures
• Not stop payments without order
• Consider tax implications