Alberta Spousal Support Calculator 2023 | How to Calculate?

Are you going through a separation phase? Want to know about Alberta spousal support calculator to determine it?

Well, many variables play an active role in determining this support. One spouse may depend more on the other for several reasons, such as childcare.

Therefore, spousal support is allocated to one spouse, depending on their current conditions to reduce the financial impact. In the following article, we will discuss spousal support, its objectives, and how it is calculated in Alberta. So, take your time and keep reading till the end.

What is Spousal Support?

Spousal support is paid by one spouse to another one to financially support them even after the separation or divorce, based on an agreement or court order. The Divorce and Family Law Acts of Canada govern this spousal support.

What are the Objectives of Spousal Support?

The main purpose of this spousal support are as follows:

To deal with any financial advantages or disadvantages a spouse might have to face due to separation.
Take off the burden by sharing the financial dealings arising from the childcare.
Lessen the economic hardships that a spouse has to undergo though due to the divorce
To help and encourage each spouse to become financially independent within a reasonable timeframe.

How to Know if You are Eligible for Spousal Support in Canada?

The court decides whether one spouse is eligible for spousal support or not. However, there are some criteria that you must fulfill to qualify for alimony. Such as having a huge income imbalance between the spouses.

Similarly, the other spouse must be capable of paying the support allocated by the court. This is certainly one criterion to know you are eligible for spousal support.

Moreover, the court may consider the duration of the marriage. Such as, if the marriage lasted for a short time, then, in that case, chances are high that the judge may deny spousal support.

On the other hand, if the couples have been married for a long time and thus dependent on each other, the court may grant spousal support after the separation.

Factors the Court Considers While Making a Spousal Support Order?

There are several instances that the court considers while making the spousal support. Below is a list of the acts and factors that the judge takes into account for spousal support:

Divorce Act in Canada

Source of the spouse’s income
How long have the spouses lived together?
Amount of responsibilities and functions each spouse has performed during the phase they lived together.
Any kind of order, contract, or arrangement concerning spousal support.

Family Law Act in Canada

Does any spouse have a legal obligation to support the other person?
If the paying spouse lives with another person, how much does that person contribute to the household expenditures?
If the recipient spouse lives with someone else, how much the other person pays to bear the household billings and expenses? In this circumstance, it will eventually decrease the economic need.

How is Spousal Support Calculated in Alberta?

Alberta follows strict rules and regulations when it comes to calculating spousal support. The court will follow the Spousal Support Advisory Guidelines.

The guideline consists of a range of amounts rather than a specific number. Such as it takes into account the duration of the marriage, total earnings, etc. There is no specific calculation, as several variables are considered.

However, in general, two formulas are used to calculate spousal support. One with a child while the other one without a child. Let’s see how they work in spousal calculation support in Alberta:

How to Calculate Spousal Support If You Have no Child?

The without-child spousal support formula is applicable if the spouses don’t have children or all the children are grown.

This formula is further split into a low-end and high-end amount that works as follows:

Low-end Amount:

You have to find out the gross income difference between the two parties.
After then, multiply the difference by 0.15
Finally, multiply it by the total years both spouses have lived together.

The final output you will get is the low-end amount.

High-end Amount:

Find out the difference between the gross income of each of the spouses.
Multiply it by 0.02
Again, multiply it by the total years both parties have lived with each other.

The result is a high-end amount.

Remember that the maximum amount that must be paid will result in equal net incomes for both spouses.

Seems confusing?

Well, let’s see an example:

Suppose the paying spouse earns about $100,000 while the recipient spouse has an income of $20,000. And the duration of their togetherness is 20 years.

Now, let’s calculate Spousal Support as we have all the data:

Income difference= $80,000
Low-end income= $80,000 x .15 x 20 = $ 24,000 or, $ 2,000 per month
High-end income = $80,000 x .02 x 20 = $ 32,000 0r $ 2,667 per month

Therefore, if the judge follows the spousal support guidelines, the judge will decide the amount between $ 2,000 and $ 2,667 per month.

How to Calculate Spousal Support If You Have a Child?

If there are children, the formula to calculate the spousal support is more complicated than without the child spousal support formula. For this kind of case, you might need the help of a lawyer or special software.

Such as, you can do a rough calculation by taking both spouses’ net disposable earnings, after-tax amounts, deductions, and childcare expenditures, ultimately leaving about 40% to 60% of the total to the recipient spouses.

Still, getting a precise amount will take a lot of work. Besides, it will depend on the kind of custody, such as whether it is shared or split custody.

N.B: In cases where the child and spousal support come, if the payor cannot pay both, then obviously, child support will get priority over spousal support.

How Long Can I Expect to Receive Spousal Support?

There is no ground rule on how long one can expect to receive spousal support, as varied factors play an active role in the duration.

Here is a general estimation based on the guidelines as stated:

If there are no children, then spousal support will be given for a maximum period of 1 year for each year the parties have lived together.
If there are children, the support will continue for a maximum of 1 year for each year the spouse has lived with each other or until the child has completed high school graduation.
As per the ruling of 30 and 65, wherein the spousal support can continue indefinitely if both spouses have lived with each other for over 20 years or by adding the years of togetherness to the recipient’s age has crossed 65.

Spousal Support Based on Child Custody

The kind of child custody plays a great influence on spousal support in the following ways:

Shared Custody

For shared custody, the original spousal support amount will be calculated. Here, depending on the time each parent spends with their parent, the amount can get a bit affected. However, it will still fall owing to the joint child custody.

Split Custody

Split custody is referred to the sole custody of the parent. As one parent gets to spend the most time with their child, naturally, they should take more money from the other spouse to look after the child. This, in return, can affect the spousal support amount.

Final Words

Divorce is always the last step for a couple when things don’t work out anymore. And spousal support is one of those vital things that play an active role in helping one spouse financially to live a better life even after the separation.

Hopefully, you have no more queries regarding the Alberta spousal support calculation. Make sure to take legal support from an experienced lawyer for any queries. They will help you determine the exact amount and protect all your rights in court.

FAQs

What is the Formula for Calculating Spousal Support?

The formula for calculating spousal support is 40% of the differences between the spouse’s net earnings without the dependent child and 30% with a dependent child.

What Three Main Issues Does a Court Considers When Determining Spousal Support?

The three main issues a court considers when determining spousal support are: 1. the financial means, requirements, and circumstances of both parties, 2. The total duration of their togetherness, 3. The functions and roles each of them played while staying together.

Does Spousal Support Change with Income in Alberta?

Yes, it can get changed. But for that, you must first appeal to the court to change the existing order along with evidence that your former spouse’s earnings have drastically increased. And thus, s/he is now able to pay more. After considering all the factors, the court will make the final decision of whether or not to increase it.

Are Parties in Common Law Subjected to Spousal Support?

Of course, they are!

In Alberta, a common-law relationship is considered an Adult Interdependent Partnership. They are completely eligible for spousal support. However, the couples must show evidence that they were in a common-law relationship.

Is There a Time Limit to Apply for Spousal Support in Alberta?

According to the Family Law Act and Divorce Act, there is no such thing as a deadline by which the parties have to appeal for spousal support from their former partner.