Spousal Support — Determining Obligation, Entitlement and Payment Structures

Unlike child support payments, financial support for spouses is not an automatic right in Alberta — neither for married nor common-law spouses. The lower income earning party must provide sufficient evidence that his or her circumstances warrants support.

Whether you are seeking spousal support or your ex-partner is making a claim, the lawyers at Soby Boyden Lenz can help you pursue an optimal outcome in this complicated area of family law.

Assessing Entitlement or Obligation

Income alone is not the sole determinant for awarding spousal support. In deciding whether an entitlement exists, a judge may look at a number of different factors, such as:

  • How long the couple lived together
  • Roles held throughout the relationship
  • Age and health
  • Assets, income and financial resources
  • Children in the relationship
  • Existing family law agreements

Crafting Optimal Spousal Support Structures

Unlike the Federal Child Support Guidelines, the Court may consider other criteria in determining the issue of spousal support, such as the Spousal Support Advisory Guidelines. Every case is different. Arriving at a reasonable, practical and fair arrangement requires a careful legal and factual analysis.

We analyze all available information to assess the appropriate amount and duration of payments. We can also help you understand the benefits, drawbacks and tax implications of various payment options, including periodic payments (weekly, monthly or annually) versus a lump-sum payment.

Within our legal team, we have some of the most experienced family lawyers in Calgary. We are dedicated to maintaining our knowledge and skills, so as to equip ourselves to craft support arrangements that protect your financial interests.

Book An Appointment with our Lawyers

Call us to arrange an initial consultation with our lawyers. We can discuss your case, answer your questions and outline your options. Book an appointment by email or call our office at 403-770-9336.