Spousal Support Lawyers to Help You.
As lawyers specializing in family law including spousal support, we will inform you of and guide you through support issues that pertain to your case.
Support issues can be complicated and confusing, and Hemington Law can help you negoitiate and understand Alberta Law guidelines that are pertinent to your case.
What is Spousal Support?
Spousal support, also known as “partner support”, “alimony” or “spousal maintenance”, is financial support that is paid by one marital partner to the other following a separation and/or divorce.
Usually this payment is paid monthly by the partner who earns the most income, but it can also be paid in a one-time, lump sum payment.
The partner who needs spousal support must apply for it under the Alberta Divorce Act, and either partner may apply. Usually, it’s the partner who has less money or income that applies for spousal support, however this not always the case.
A family law court reads each application, accessing it using a set of considerations. These considerations include :
- The length of time you and your spouse have lived together
- The roles you and your spouse filled while married
- How the separation or divorce will impact the financial standing of each partner
- The financial needs and circumstances of both partners
Is Spousal Support an Option in your Separation or Divorce?
Alimony calculations are undoubtedly among the most complicated areas of family law in Alberta. The family law courts need to make sure that they determine what amount is fair and reasonable in respective case.
There are, however, an official set of Spousal Support Advisory Guidelines that both the courts and family law professionals regularly refer to when calculating what, if any, maintenance is to be awarded.
However that even though the above guidelines are available for anyone to access, calculating alimony is such a complicated task that consulting with a seasoned divorce lawyer like Brent Hemington is one of the wisest moves you can make.
Spousal Aupport for Divorces and When Ending an “Adult Interdependent Relationship”
Couples who are married in the “traditional” sense aren’t the only unions where alimony is an option – partners who have been in an Adult Interdependent Relationship are also able to apply for spousal support.
An Adult Interdependent Relationship is a relationship where you are in a mutually-dependent (“interdependent”) relationship with another adult and:
- Have been for three or more years, or
- Have signed a written Adult Interdependent Partnership agreement, or
- If you and your partner have a child together
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