How Long Spousal Support Lasts in Alberta After Separation

When a relationship ends, one of the first questions is how long support will go on. Payers want to plan, and recipients want to know how long they have to become financially steady.

There is no single answer in Alberta. Duration depends on the kind of claim, the length of the relationship, the children, and what an order or agreement says. This article explains the main patterns.

This article covers the law of Alberta.

Support can be time-limited, indefinite or tied to an event

Under the federal Divorce Act, a spousal support order may be for a definite period, an indefinite period, or until a specified event occurs. The court may also attach terms, conditions or restrictions it thinks fit and just.

Alberta's Family Law Act has its own support rules for unmarried adult interdependent partners and for married spouses who are not seeking a divorce. Its objectives include promoting each party's economic self-sufficiency within a reasonable time. The Divorce Act has a similar objective.

An interim order can also be made while the main application is still waiting to be decided.

What the Spousal Support Advisory Guidelines say about length

The Spousal Support Advisory Guidelines (SSAG) are not law, but judges often base spousal support decisions on them, and lawyers use them when advising and drafting agreements. They do not decide whether someone is entitled to support in the first place. Entitlement has to be established first, and an income gap alone is not enough.

Once entitlement exists, the guidelines tie duration to the length of the relationship:

• Support is indefinite, meaning no end date but still open to variation and review, when the relationship lasted 20 years or longer.
• It is also indefinite under the rule of 65, where the years of the relationship plus the recipient's age at separation equal or exceed 65. The rule of 65 does not apply to marriages under 5 years.
• These tests come from the without-child-support formula. The with-child-support formula works differently, as explained in the next section.

Indefinite does not mean permanent

In longer relationships, support is generally indefinite but not necessarily permanent. It may be reduced or ended if self-sufficiency is reached, and courts may use review orders, step-down orders, or "not yet" time limits.

Where children are involved, the with-child-support formula uses two tests, the length of the marriage and the age of the children, and the longer result applies. Initial orders under that formula are usually indefinite, with time limits typically coming later on a variation or review. Medium-length marriages under 20 years without children often start indefinite too, with time limits considered later.

Short marriages can be different. Courts have found no entitlement after a short marriage with limited financial interdependence and an income disparity.

Reviews and variations can change the end date

A court can vary, rescind or suspend a spousal support order if there has been a change in the condition, means, needs or other circumstances of either former spouse. Under the Family Law Act, a court can vary, suspend or terminate an order on the same kind of change.

Under the Divorce Act, the court must be satisfied that the change has occurred since the order or the last variation, and it must take that change into consideration. A variation is not a fresh hearing or an appeal. A review is closer to an initial application, though its scope can be limited by the review order's terms.

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.

What to do next

• Find your order or agreement and look for an end date, review date or terminating event.
• Note the length of the relationship, each person's age at separation and the ages of any children.
• Gather income information for both people.
• Check whether the order mentions retirement or other review grounds.
• Talk to a lawyer before assuming support will end, or stop, on a particular date.

Unless the parties agree or the court orders otherwise, the Maintenance Enforcement Program collects and enforces these payments in Alberta. A court may vary, suspend or terminate a support order, but how that applies to your situation depends on your order and circumstances, so it is worth confirming with a lawyer before you change anything.

Frequently asked questions