February 13, 2023

In Canada, spousal support refers to the financial support that one spouse provides to the other after separation or divorce. This support is meant to help the recipient spouse become self-sufficient and maintain a standard of living that is similar to the one they had during the marriage.

There are two main types of spousal support in Canada: compensatory and non-compensatory. Let's take a closer look at each.

Compensatory Spousal Support

Compensatory spousal support is intended to compensate a spouse for the sacrifices they made during the marriage. This type of support is usually awarded when one spouse has made significant financial or non-financial contributions to the marriage that have impacted their ability to earn income or build a career. For example, if one spouse stayed at home to raise the children or put their career on hold to support the other spouse's career, they may be eligible for compensatory spousal support.

Compensatory Spousal Support

Non-compensatory spousal support, on the other hand, is intended to meet the recipient spouse's basic needs. This type of support is usually awarded when one spouse has a lower income or earning potential than the other. The goal of non-compensatory spousal support is to ensure that both spouses are able to maintain a similar standard of living to the one they had during the marriage.

Determining Spousal Support in Alberta



In Alberta, the amount and duration of spousal support are often determined by the Spousal Support Advisory Guidelines (SSAG). The SSAG provides guidance to judges and lawyers on how to calculate spousal support based on factors such as the length of the marriage, the income of both spouses, and any special circumstances (such as disabilities or the care of children).  However, judges can look at many other factors before deciding how much to award for spousal support.

The SSAG is not legally binding, but it is widely used by courts in Alberta and across Canada as a starting point in the conversation about spousal support, or when a judge is making a decision.  There is a lot of variability in spousal support awards, and judges are given significant discretion when making spousal support awards.

Spousal support is an important aspect of family law in Canada and can play a critical role in helping a spouse become self-sufficient after separation or divorce. Whether it's compensatory or non-compensatory, spousal support is meant to ensure that both spouses are able to maintain a similar standard of living to the one they had during the marriage for at least a reasoanble period of time.

If you are going through a separation or divorce and need help understanding your rights and responsibilities regarding spousal support, it's important to speak with a qualified family law lawyer. They can provide you with guidance and support throughout the process and help ensure that your rights and interests are protected.

Learn more about our Lethbridge divorce and family law lawyers, Adam Letourneau, K.C., Spencer McMullin, Emily Tilleman, Austyn Anderson or Tamera Tupou.

Learn more about Divorce and Family Law Frequently Asked Questions from our website.

Call 403-329-4311 to set a free Divorce or Family Law consultation today with one of our Lethbridge Divorce or Family Law lawyers.

This article is for information purposes only and does not constitute legal advice.