Can I get spousal support after a short marriage in Alberta?
This answer covers the law of Alberta.
Yes, you can ask for spousal support after a short marriage in Alberta, but a short marriage does not mean automatic support, and it does not rule it out. Support first depends on whether you have a legal entitlement, and an income gap alone is not enough. Courts have found no entitlement after a short marriage with limited financial interdependence and an income disparity.
If you are divorcing, the federal Divorce Act lets a court order spousal support, looking at each spouse's condition, means, needs and the length of time they cohabited. If you are married but not seeking a divorce, you can still claim under Alberta's Family Law Act. Support may respond to economic loss from marital roles such as child care or supporting a spouse's career, or to need.
Short marriages without children often lead to transitional, time-limited support under the Spousal Support Advisory Guidelines, which are not law but are often used by judges. Under the without-child-support formula, support is indefinite when the relationship is 20 years or longer or under the rule of 65, which does not apply to marriages under 5 years; otherwise the formula generates time limits. A lawyer can tell you how this applies to your facts.
Key takeaways
- A short marriage does not bar a claim, but entitlement must be established first, and an income gap alone is not enough.
- Support can be compensatory (economic loss from marital roles), non-compensatory (need or a drop in living standard) or contractual.
- The Spousal Support Advisory Guidelines are not law, but judges often base decisions on them, and short marriages without children tend toward time-limited transitional support.
- Under the Divorce Act a court cannot consider misconduct, while the Alberta Family Law Act allows only limited exceptions.