If you are separating or considering it, you may have questions about Spousal Support. You may be entitled to support if your partner and you have an income discrepancy upon separation. There are two basic forms of spousal support:
- Compensatory spousal support: did you sacrifice your career in order to stay home and raise the children? Your non-monetary contributions to the family will come into play here.
- Non-compensatory spousal support: based upon financial need and equalizing the standard of living in your new two-household regime.
While marriage alone does not automatically entitle you to Spousal Support, if you suffered an economic disadvantage due to the breakdown of the relationship, you may have an entitlement.
Not all income discrepancies are created equal, however. Both spouses have a duty to seek reasonable employment and make an effort to achieve self-sufficiency. You may be concerned that your former partner is not ‘pulling their weight’ in terms of earnings, in an attempt to bolster their claim for spousal support. You may ask yourself, why should it be MY responsibility to pay this person’s bills when they refuse to go out and get a job?
Alberta courts through the recent case of Peters v. Atchooay have adopted a ‘reasonableness’ test when analyzing a spouse’s income. Are they under-employed or unemployed without a reasonable excuse? This does not require spouses to ‘maximize’ their earnings by taking on a second job or getting an executive-level position.. The question is whether their earnings are reasonably in line with their capabilities, when looking at their resume, qualifications, and ability to earn an income.
If the Court finds that a spouse is unreasonably under-employed, they can impute an income to them. That means that the Court can ‘assign’ an income to a person who is not working to their potential. Don’t want to get a job? That’s fine, but you are capable of working an entry-level job, so we’ll assume for calculating support that your income starts at $35,000, whether you choose to work or not. That will offer motivation for a recipient to put forth an effort and obtain gainful employment.
In most cases, Spousal support is not meant to be permanent; it is a bridge to address an economic disadvantage and set you up for the next chapter in your life. If you have questions about potential spousal support obligations and how to protect yourself, you should speak to a Family lawyer and understand how to best set yourself up for success in the next phase of your life.
So, if you are just starting over, or already in the process of building a new life and could use our help go to Wells Family Law getting started at https://bit.ly/wflgetstarted
Wells Family Law is founded on the understanding divorce can be overwhelming, complex, and difficult to resolve. We specialize in the resolution of property division, spousal support, child support and custody. We will help you navigate through divorce mediation and, when needed, divorce litigation (divorce court), in the most timely and effective manner available. While our experience in divorce litigation helps our clients avoid court, it also ensures you will be well represented in every situation.