- A court can order support for a definite or indefinite period, or until a specified event occurs.
- Under the guidelines, support is generally indefinite for relationships of 20 years or longer or under the rule of 65, but indefinite does not mean permanent.
- An order can be changed only if circumstances have changed, and remarriage or retirement is not an automatic end.
Whether you pay or receive spousal support, the end date matters. Some orders last a few years, some have no fixed end, and some are reviewed at a set time. The length of the relationship is a major influence, but it is not the only one.
This article explains how duration is set in Alberta, what "indefinite" really means, and what can bring support to an end or change it.
This article covers the law of Alberta.
How a court sets the length
Under the Divorce Act, a spousal support order may be for a definite or indefinite period or until a specified event occurs, and it may carry terms, conditions or restrictions the court thinks fit and just. Under the Family Law Act, the court can order support between spouses and adult interdependent partners only in certain situations: they have a declaration of irreconcilability, they are living separate and apart, they are in discord and cannot reasonably be expected to live together, or one has without sufficient cause refused or neglected to provide necessaries. The court can also vary or terminate those orders later.
The court also looks at the objectives of support, which include promoting each person's economic self-sufficiency within a reasonable period of time, so far as practicable.
How relationship length affects the end date
The Spousal Support Advisory Guidelines are not law, but judges often base decisions on them. For the formula without child support, support is indefinite when the relationship is 20 years or longer, or under the rule of 65, meaning years of relationship plus the recipient's age at separation equal or exceed 65. The rule of 65 does not apply to marriages under 5 years. Otherwise the formula generates time limits.
| Situation | How duration is usually approached |
|---|---|
| Relationship of 20 years or longer, or rule of 65 met | Generally indefinite, but not necessarily permanent |
| Shorter relationship, no children, rule of 65 not met | The formula generates a time limit, though medium-length marriages often start indefinite with time limits considered later |
| Medium marriage (under 20 years), no child support | Often starts indefinite, with the time limit the formula points to considered later |
| Child support involved | Longer of the length-of-marriage test and the age-of-children test; initial orders are usually indefinite, with limits typically coming later |
After a short marriage with limited financial interdependence and an income disparity, courts have found no entitlement at all.
What indefinite really means
Indefinite means there is no end date. It does not mean permanent. Such support remains subject to variation and review. For long marriages and rule of 65 cases, it may be reduced or terminated if self-sufficiency is reached, and courts may use review orders, step-down orders or "not yet" time limits.
A review is closer to an initial application, although its scope can be limited by the terms of the review order. A variation, by contrast, is not a fresh hearing or appeal.
What can change or end support
- Change of circumstances: a court may vary, rescind or suspend a Divorce Act order, retroactively or prospectively, once it is satisfied that a change in either former spouse's condition, means, needs or circumstances has occurred. Under the Family Law Act the ground is likewise a change in either party's condition, means, needs or other circumstances.
- Size of the change: it must be substantial and continuing, and one that would likely have produced a different order had it been known.
- Death of the recipient: unless the court orders otherwise, a Family Law Act support order ends on the recipient's death, and arrears owing before then are not affected.
- Remarriage or a new partner: this is a complicating factor, not an automatic end to support. Under the Family Law Act, others living with either party count only as a household-contribution factor and a change of circumstances.
- Retirement: where the order or agreement is silent, retirement is usually treated as a material change, but early or voluntary retirement is scrutinized closely and courts may find no material change.
A review clause or a court-ordered review at retirement avoids debate over whether retirement is a material change. An order or agreement can also name retirement as an express review ground.
What to do next
- Read your order or agreement for end dates, review dates and finality or retirement clauses.
- Keep records of changes in income, health, employment or living arrangements.
- Do not stop paying or ask for a change informally without confirming what your order allows.
- Speak with a lawyer about whether your change is likely to count as material.
A spousal support agreement cannot vary an existing support order under the Family Law Act, so changes to an existing order generally go through the court.
Frequently asked questions
Does spousal support end when the recipient remarries?
Not automatically. Remarriage or repartnering is a complicating factor, not an automatic end to support. To change an existing order, you would generally apply to the court, which looks at whether circumstances have changed.
Is indefinite support the same as lifetime support?
No. Indefinite means there is no end date, but the support is still subject to variation and review. It may be reduced or ended if self-sufficiency is reached.
Does retirement end my obligation to pay?
Not by itself. Where the order is silent, retirement is usually treated as a material change, but early or voluntary retirement is closely scrutinized. Whether the change is enough depends on the facts and the order.
What happens to support if the recipient dies?
Unless the court orders otherwise, a Family Law Act support order ends on the death of the person receiving support. Arrears owing before then are not affected.
Sources
- Divorce Act, s. 15.2(3) — Justice Laws (federal)
- Divorce Act, s. 17(1) — Justice Laws (federal)
- Family Law Act, s. 57(1) — kings-printer.alberta.ca
- Department of Justice Canada – SSAG — justice.gc.ca
- SSAG Revised User's Guide – Entitlement (ch. 4) — justice.gc.ca
- SSAG Revised User's Guide – Without Child Support Formula (ch. 7) — justice.gc.ca
- SSAG Revised User's Guide – With Child Support Formula (ch. 8) — justice.gc.ca
- SSAG Revised User's Guide – Self-sufficiency and Termination (ch. 13) — justice.gc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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