Who Qualifies for Spousal Support in Alberta, and How Is Entitlement Decided?

This answer covers the law of Alberta.

You qualify for spousal support in Alberta only if the law gives you a basis for it, and a lower income than your former partner is not enough on its own. Entitlement is decided first, and only then does anyone look at amount or length.

Which law applies depends on your relationship. The Divorce Act covers married couples seeking a divorce. Married spouses who are not divorcing can still claim under Alberta's Family Law Act, and unmarried partners cannot use the Divorce Act. Under the Family Law Act, a support order can be made only if you have a declaration of irreconcilability, are living separate and apart, are in discord and cannot reasonably be expected to live together, or one of you has refused or neglected without sufficient cause to provide necessaries.

Courts then look at each person's condition, means, needs and circumstances, including how long you lived together and the roles each of you played. Support may be compensatory, non-compensatory or contractual. After a short marriage with limited financial interdependence, a court may find no entitlement.