Spousal Support And Partner Support

Spousal support is payments made by one spouse or former spouse to another spouse or former spouse. Spousal support is only for married or divorced people.

Both Alberta’s Family Law Act and Canada’s Divorce Act talk about spousal support, depending on which law you are using.

Last Reviewed: March 2021

Partner support is payments made by one partner or former partner to another partner or former partner. Partner support is only for people who are or were in an adult interdependent relationship in Alberta.

Alberta’s Family Law Act talks about partner support for adult interdependent partners.

Read our FAQs for more information on adult interdependent partners.

Last Reviewed: March 2021

The purposes of spousal or partner support are to:

• recognize financial advantages and disadvantages that a spouse or partner faces because of the relationship or separation
• make sure that neither spouse nor partner suffers economic hardships because of the separation
• share financial costs of children between the spouses or partners
• promote each spouse or partner becoming self-sufficient within a reasonable period of time

Last Reviewed: March 2021

A spouse or former spouse can ask for spousal support. It is paid after a separation or divorce if a spouse can prove they should receive it. It is usually paid by the spouse who makes more money to the spouse who makes less money to assist the lower income spouse with supporting themselves.

Last Reviewed: March 2021

An adult interdependent partner or a former adult interdependent partner can ask for partner support. It is paid after a separation if an adult interdependent partner proves they should receive it. It is usually paid by the partner who makes more money to the partner who makes less money to assist the lower income partner with supporting themselves.

Last Reviewed: March 2021

Spousal support entitlements and calculations are the same under both Acts. What is different is who can use each Act.

Canada’s Divorce Act applies to all married and divorced people across Canada. Some married couples start out using the Family Law Act when they separate to deal with spousal support and other issues. When they apply for divorce, they must switch to using the Divorce Act. This change is for court processes and does not change spousal support entitlements, payments, etc.

Alberta’s Family Law Act applies to any family situation in Alberta – married or unmarried.

Last Reviewed: March 2021

Check with Alberta’s Maintenance Enforcement Program (MEP) to see if you qualify for the program. MEP can enforce an order if the payor is not making payments in full or on time or if the payor has not made payment arrangements with MEP.

Last Reviewed: March 2021

Maybe. See the Canada Revenue Agency’s website for more information.

Last Reviewed: March 2021

There is no hard and fast rule to calculate spousal or partner support, like there is for child support.

You and your spouse or partner can agree on how much support will be paid. This should be set out in a written agreement, such as a pre-nuptial agreement, a cohabitation agreement or a separation agreement. If you and your spouse or partner cannot agree, then a judge decides if one spouse or partner should pay support to the other.

Spousal or partner support may be a lump sum payment or periodic payments or monthly payments. It all depends on your situation.

The Spousal Support Advisory Guidelines are a reference point for calculating spousal support, but they are not law. In many provinces, including Alberta, the courts have said the Guidelines are a starting point. And if you are asking for an amount different than the guidelines, you will have to explain why.

There are no similar guidelines for adult interdependent partners.

Last Reviewed: March 2021

A judge will think about the following before making an order about spousal or partner support:

• How long have the partners lived together? The longer the relationship, the more likely it is that the court will order partner support.
• What roles did each partner perform when they lived together? Did one partner work while the other partner stayed at home? Did both partners work and share household chores?
• Is there any agreement or order between the partners? Do they have a pre-nuptial, co-habitation or separation agreement?
• How much does each partner earn? Do they have other financial resources? The bigger the gap in the income between the partners, the more likely it is that a judge will order partner support be paid.
• What are the financial needs of each partner? Keeping in mind that the partners should have similar standards of living at the end of a relationship, how much money does each partner need to meet their needs?
• What are the conditions of each partner? This includes considering the health, age and special needs of each partner and whether they have any children, etc.

If you are asking for partner support under the Family Law Act, a judge will think about the factors listed above plus the following:

• Do either of the partners have legal obligations to support another person?
• If the payor lives with someone else, how much does that other person contribute to household expenses? If the other person contributes a lot to household expenses, then this increases the ability of the payor to pay because there is more money available.
• If the recipient lives with someone else, how much does that person contribute to household expenses? If the other person contributes a lot to household expenses, then this decreases the financial need of the recipient.

Last Reviewed: March 2021

Child support takes priority over spousal or partner support. If you cannot afford both, the court will order you to pay child support first.

Last Reviewed: March 2021

You cannot ask the court to change a spousal or partner support order if the order says support is “non-variable” (cannot be changed).

You can ask the court to change a spousal or partner support order if:

• new and important evidence comes up that was not available when the original order was made, or
• there has been a major change in the lives of either partner since the original order was made.

Some examples of major life changes are:

• one partner’s income is much higher or lower now than it was before
• one partner remarries or enters into a new adult interdependent relationship
• a partner develops a health concern or disability and either needs more financial support or needs to pay less support than was originally ordered

If a spouse or partner proves there is new evidence or there has been a major life change, then the judge will go through the same steps as if it were an original spousal or partner support order application.

If there is a written agreement about partner support, you can both can agree to change it. The court can change a written agreement in rare circumstances. If you are wanting to change a written agreement about partner support and your spouse or partner does not agree, you should contact a lawyer. An agreement cannot change an existing partner support order.

Last Reviewed: March 2021