By Mark Demas
The end of a relationship often brings financial uncertainty. One household becomes two, expenses increase, and both partners must adjust to a new reality. For many couples, spousal support becomes one of the central issues to resolve during separation or divorce.
Spousal support can be emotionally charged, but it’s also one of the most misunderstood parts of family law. Some people assume it is automatic. Others believe it is a punishment for the higher-earning partner. In truth, spousal support in Alberta is a needs- and entitlement-based analysis, shaped by federal legislation, court decisions and practical guidelines.
This guide explains how spousal support is determined, how the Spousal Support Advisory Guidelines (SSAG) work, and what factors influence the amount and duration of payments.
The Purpose of Spousal Support
Under the Divorce Act, spousal support is intended to address three main objectives:
- To compensate a spouse who has suffered economic disadvantage due to the marriage or its breakdown.
- To relieve economic hardship caused by the end of the relationship.
- To promote the financial independence of both spouses, where possible.
These goals reflect Canada’s recognition that marriage often shapes people’s earning capacity. Someone who stepped back from a career to raise children or support the other spouse’s work may face financial challenges after separation. Spousal support helps address that imbalance.
The Law in Alberta
Spousal support is governed by two main sources:
- Divorce Act (federal)
Applies to married couples seeking divorce. - Family Law Act (Alberta)
Applies to unmarried partners (adult interdependent partners) and to spouses before filing for divorce.
Courts must consider the parties’ financial circumstances, their roles during the relationship and their ability to support themselves. But because these statutes do not provide formulas, lawyers and judges rely heavily on the Spousal Support Advisory Guidelines (SSAG) to bring structure and predictability to spousal support decisions.
The Spousal Support Advisory Guidelines (SSAG)
The SSAG are not legislation, and they are not mandatory. However, courts across Canada — including Alberta — rely on them extensively. They offer reference ranges for both:
- Amount (how much support is paid)
- Duration (how long support lasts)
The guidelines use two main formulas, depending on whether the couple has children.
The Without-Child Formula
Used when there are no children of the relationship or when child support is no longer being paid.
The calculation considers:
- The difference in the spouses’ incomes
- The length of the relationship
General range
- Amount: 1.5% to 2% of the income difference for each year of cohabitation or marriage
- Duration: 0.5 to 1 year of support for each year together
Example:
A 10-year marriage with a $60,000 income difference
- Support may range between 15–20% of the income difference.
- Duration may be 5 to 10 years.
If the relationship lasted 20 years or longer, or the “Rule of 65” applies (years married + age of recipient = 65), indefinite support may be considered — though “indefinite” does not mean permanent. It simply means no fixed end date, with future changes possible.
The With-Child Support Formula
Used when the spouses have children and child support is being paid.
This formula is more complex because it takes into account:
- Child support obligations
- Each parent’s net disposable income
- Parenting arrangements (shared, split or primary care)
In these cases, child support takes priority because it is the child’s right. After child support is calculated, the SSAG looks at the remaining incomes to determine a fair distribution.
General range
- Amount: Typically 40–46% of the parties’ combined net disposable income
- Duration: Linked to key milestones (youngest child finishing high school or recipient achieving self-sufficiency)
This formula reflects the reality that parents with primary care may struggle to balance work obligations and childcare demands.
Determining Entitlement: The First Step
Before support is calculated, the court must determine whether the spouse seeking support is entitled to it. The SSAG does not determine entitlement — the law does.
There are three types of entitlement:
- Compensatory entitlement
Exists when one spouse made career sacrifices or contributed significantly to the other spouse’s success. - Non-compensatory (needs-based) entitlement
Applies when one spouse experiences economic hardship because of the separation. - Contractual entitlement
If the parties signed a pre-nuptial, cohabitation, or separation agreement outlining support obligations.Only once entitlement is established do the SSAG ranges come into play.
Income: The Foundation of Any Calculation
Accurate income information is essential. “Income” for spousal support is often not the same as income for tax purposes.
Courts look at the spouse’s true financial capacity, which may require adjustments for:
- Self-employment income
- Corporate income or retained earnings
- Bonuses or commissions
- Non-taxable income
- Intentional underemployment
In some cases, the court may impute income, meaning it assigns an income level based on what the person should be earning given their skills and opportunities.
For further reading, see:
How is income imputed for child support?
Duration: How Long Does Spousal Support Last?
Duration depends on:
- The length of the relationship
- The age and health of each spouse
- Parenting responsibilities
- The degree of financial interdependence
- The time the recipient needs to achieve independence
Common duration structures:
- Fixed-term support
Ends on a specific date. Often used in shorter relationships. - Reviewable support
Set for a period and reviewed later, especially if child-related responsibilities may change. - Indefinite support
No specific end date; can be varied if circumstances change.
Indefinite support is most common in long-term relationships or when the recipient cannot become fully self-sufficient due to age, health or caregiving roles.
Can Spousal Support Change Over Time?
Yes. Spousal support can be varied if there is a material change in circumstances such as:
- Loss of employment
- Significant increase in income
- Retirement
- New health challenges
- Change in parenting responsibilities
Either spouse may apply to the court for a variation order. Alberta courts require full disclosure and evidence of the change before adjusting support amounts.
Do All Spouses Receive Support?
Not necessarily. Courts evaluate entitlement carefully.
Support may be reduced or denied if:
- Both spouses are financially independent
- The marriage was short and no economic disadvantage occurred
- The spouse seeking support has significant assets
- A valid agreement already addresses support
Each case turns on its own facts, which is why independent legal advice is so important.
The Role of Separation Agreements
Many couples resolve support issues through a separation agreement rather than litigation.
A comprehensive agreement can:
- Confirm entitlement
- Specify the amount and duration
- Set out review dates
- Establish dispute-resolution processes such as mediation or arbitration
Courts generally uphold agreements if they were negotiated fairly and with full financial disclosure.
For more information, see:
What Is a Separation Agreement and Why Should You Have One?
Why Legal Advice Matters
Spousal support involves complex legal, financial and tax considerations.
A lawyer can help clarify:
- Whether entitlement exists
- How the SSAG apply to your circumstances
- What income adjustments may be necessary
- How support interacts with child support
- Whether a lump-sum support payment is appropriate
- When support should be reviewed or recalculated
Given the long-term financial consequences, proper guidance is essential.
How Demas Schaefer Family Lawyers Can Help
At Demas Schaefer Family Lawyers, we help Albertans understand their rights and obligations when it comes to spousal support. Whether you are seeking support or responding to a claim, our team provides clear advice, practical solutions and skilled negotiation.
We assist with:
- Spousal support calculations
- Separation agreement drafting
- Mediation and collaborative processes
- Court applications for initial or varied support
- Income analysis and disclosure
We offer a free 15-minute telephone or video consultation to discuss your situation and explain your options. Contact us today to schedule an appointment.