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How Long Do You Have to Pay Spousal Support in Alberta

How Long Do You Have to Pay Spousal Support in Alberta?

Worried about the duration of spousal support? You are not alone.

As much as you need to help your interdependent ex-partner, it involves the stress of expenditure. How long spousal support lasts in Alberta depends on some factors.

And this blog gives away information on how long you have to pay spousal support in Alberta and relevant major clarifications.

Go over all the details to be well-informed about this major aspect of your separation.

How Long Do You Have to Pay Spousal Support in Alberta?

You must pay a specific amount in Canada to support your former partner under some conditions. And the amount you’ll pay and the duration depend on several factors, such as –

  • Age of your ex-partner
  • Earning ability

Although the calculation of spousal support amount in Alberta is case-specific, there is some common guideline followed by family law in Alberta.

The Spousal Support Advisory Guidelines determine the amount of spousal support. Mainly, these guidelines focus on the circumstances as follows:

If you have a minor child:

One of the major factors in divorce is having a minor child.

If you have a minor child with your former partner, the duration of the spousal support will depend on the total years your marriage lasted. Also, you need to pay for financial support as long as your youngest child completes high school.

Without having a minor:

Without having children of that age, you will have to pay spousal support from 6 months to 1 year.

You can see that the amount one needs to pay is case specific. Therefore, how much you would be paying will depend on the prevailing condition of your old marriage.

However, in some marriages, people pay an indefinite amount of spousal support. Learn clearly about that in the next section.

Also Know: How to Not Pay Spousal Support Canada?

Do I Have to Provide Spousal Support for a Lifetime in Alberta?

Yes, it can be forever for some people. The court won’t decide on a specific amount. You will have to pay it for an indefinite time.

There are 2 particular situations, such as—

  • Length of your marriage: If your partnership is 20 years or more, spousal support is required for the rest of you two.
  • Age of your partner: If your partner is 65 years old or more than that,  you need to pay the amount forever. But the duration of the marriage will be taken into account as well.

Since you are thinking about the duration, you should know that the spousal support agreements sometimes end early!

The next section will give you more details on this aspect.

When Does the Spousal Support Terminate Early in Alberta?

The duration for spousal support in Alberta can be for a specific time or indefinite. Regardless, some circumstances make a difference in the duration. As a result, you won’t have to assist your partner financially anymore.

The circumstances include the major things that have changed lately. Three common instances are—

  • The spousal support recipient starts another interdependent relationship that eliminates the need for your support.
  • You have a permanent change in your financial ability for injury, illness, or retirement.
  • Your ex-partner has a better financial condition for increment or inheriting assets from family.
  • The recipient has passed away.

In case you are thinking, the early termination is automatic. However, you must appeal to the court by showing reasons for the change.

You may also like: Is Spousal Support Taxable in Canada?

How Do I Terminate Spousal Support in Alberta?

Courts in Alberta won’t allow you to change your spousal support agreement for a petty reason. That means the reason you are willing to stop the support must be the one that is making a significant difference in your current divorce arrangement.

We already mentioned a couple of common and important instances that act as valid grounds for ending spousal support.

By doing the following 4 things, you can be free of the spousal support agreement.

  1. First, review your spousal support agreement to confirm what it says about the duration. Commonly, the duration is likely to be over for the child’s high-school graduation and the spousal support recipient’s remarriage.
  2. Before applying to the court, asses the marital changes carefully. Better you consult a Moose Jaw Family Lawyer. If the reason is petty, the request will be denied anyway. So, why waste time?
  3. You must discuss it clearly with your ex-partner and ensure you agree with the decision.
  4. Finally, you submit a ‘motion of change’ in Alberta’s family court. And you need to explain to the judge with a persuasive argument.

Final Remarks on How Long is Spousal Support Paid in Alberta

The duration can be definitive or forever. Again, the duration you pay spousal support in Alberta depends on various factors like the duration of the marriage, the age of your ex-partner, the age of your child, and so on.

We recommend you consult an expert spousal support lawyer if you need to review your spousal support agreement.


Find further information from the queries below.

Do I have to pay spousal support if my ex lives with someone?

No. The month your ex-partner starts cohabitating with someone else or marries again, you can stop paying by requesting the court to review your agreement. If they hide the fact of cohabitation, you must try to prove it to the court.

Does spousal support end when you remarry in Alberta?

If you’re the recipient of the support, you won’t lawfully receive it from your ex-spouse. You must request the court to approve the new arrangement by talking to your ex-partner and family lawyer.

Do I have to support my wife after divorce?

As the family law dictates, you must pay spousal support to your interdependent partner.

Can my husband's ex-wife come after my money?

The only money your husband's ex-wife gets after the divorce is spousal support until they remarry. Most of the time, child support needs to be provided too. Outside these, the ex-partner won’t lawfully get any financial assistance or possess rights to your or your husband’s money.

Can ex-wife claim my pension years after divorce in Canada?

If you two have a spousal support agreement, your pension will be equally divided between you and your partner. If there’s no such agreement, your ex-wife can't claim your pension money suddenly.

Is there a statute of limitations on spousal support in Alberta?

If there is an interdependent partner, the other earning partner must sign spousal support during the divorce. However, there is no limitation period for claiming spousal support. But securing it right after divorce is recommended.

Who qualifies for spousal maintenance?

Generally, the partner who has a lower income is entitled to spousal support or maintenance. However, they don’t have an automatic right to it. There must be an official spousal agreement.

How to stop paying spousal support?

There must be some significant changes in your former marriage’s arrangement. That includes retirement, remarriage, etc. Then file a ‘motion of change’ to the local family court, consulting a family lawyer.

How long does spousal support last in Alberta?

With a minor child, it can be valid for 6 months to 1 year. If not, the duration is indefinite, depending on the length of your marriage (20 years) and your partner's age (65 years).

How many years of alimony should be paid?

Alimony or spousal support is paid for a specific time, such as 6 months to 1 year. Or it can be indefinite, like paying for the rest of your life.

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