Partner and Spousal Support Lawyers Edmonton

You may be eligible to receive spousal support in Alberta if the breakdown of your relationship has caused you financial hardship or if you gave up income or career opportunities during the relationship to support your spouse, raise children, or manage the home.

Eligibility depends on several factors, including:

• Length of the relationship (typically 3+ years for adult interdependent partners, or any length if you have a child together)
• Roles during the relationship (e.g. did one person earn while the other stayed home?)
• Difference in income and earning capacity
• Financial disadvantage resulting from the separation

To understand if you are eligible to receive support payments, how much, and for how long, speak to our lawyers.

Alberta has tools in place to help you enforce payment. If your support order or agreement is registered with the Maintenance Enforcement Program (MEP), they can step in and take action, including:

• Garnishing wages
• Seizing tax returns
• Suspending license (driver’s, passport)
• Placing liens on property

If your agreement isn’t yet registered with MEP, you’ll need to take steps to file the support order or file a court application to enforce it. You may need to make a court application and possibly an affidavit detailing missed payments. 

It’s important that you act quickly as interest can accumulate, and enforcement can take time.

Spousal support doesn’t automatically end just because your ex has entered a new relationship or moved in with someone. However, cohabitation or remarriage can be considered a material change in circumstances, especially if it significantly improves your ex’s financial situation.

If you believe your ex’s new relationship has changed their need for support, you can apply to vary or terminate the order, along with evidence of the change. The court will consider:

• Whether the new partner is contributing financially
• Whether your ex’s expenses have decreased
• The original basis of the support (compensatory vs. need-based)

Your payments will not stop automatically. Our alimony attorneys can help you reduce or terminate payments if your former partner/spouse has entered into a new relationship.

There is, but you must act proactively. If your income has dropped due to job loss, health issues, retirement, or other valid reasons, you can apply to vary the existing order under the Divorce Act or the Family Law Act. 

You’ll need to show a material change in circumstances and provide an updated financial disclosure.

Courts won’t cancel arrears just because you stopped paying, rather they may reduce or suspend future payments if you can prove genuine hardship. 

That said, delays will work against you, so reach out to a spousal support lawyer as soon as possible.

Apply for a variation as soon as possible. Alberta courts require proof of a material change in circumstances to change an existing order or agreement. 

You’ll need to file a court application along with updated disclosure and any supporting documents (such as medical records, termination letters, and income statements). If you’re trying to change a registered agreement, the same standard applies. The court will expect a detailed explanation and evidence.

Making a strong case is essential and the paperwork required is complex, which is why it’s advisable that you reach out to a lawyer unless you are familiar with court procedures.