The Divorce Act ( federal law) applies to married couples and Family Law Act ( Alberta law) used if you are married or common-law.

Spousal support may be ordered by the court if the parties are applying for a divorce (or, in some cases, if they are divorced) and if the parties are ending an Adult Interdependent Relationship.

If parties are applying for spousal support as part of a divorce, the court will apply the spousal support provisions of the Divorce Act (Canada).

The court will apply the spousal support provisions of the Family Law Act if:

• the parties are applying for spousal support after living in an Adult Interdependent Relationship; or
• the parties were married, but have not yet started a divorce procedure

Objectives of Spousal Support:

• recognize any economic advantages or disadvantages to the spouses coming out of the marriage or occurring because the marriage has ended;
• divide up any financial costs arising from the care of the children over and above the child support;
• lessen any financial hardship of the spouses which may have taken place because of the end of the marriage; and
• as much as possible, encourage the spouses to become able to support themselves within a reasonable period of time. 

Factors that being considered when making a Spousal Support Order:

The Divorce Act  says that when making a spousal support order, the court must think about the condition, means, needs and other circumstances of each spouse, including:

• how long the spouses lived together;
• functions performed by each spouse during the time they lived together; and
• any order, agreement or arrangement relating to support of either spouse.

The Family Law Act also lists the above factors. However, that Act also tells the judge to think about these factors:

• whether or not either of the spouses / partners have a legal obligation to support another person (e.g. another spouse or children);
• if the paying spouse / partner lives with someone else, how much that person contributes to their household expenses (and by doing that, increases the ability to pay support); and
• if the recipient spouse / partner lives with someone else, how much that person contributes to their household expenses (and by doing so, decreases the financial need). 

Adult Interdependent Relationship if you are in a relationship of interdependence with another adult :

• for three years; or
• for less than 3 years if you have signed an Adult Interdependent Partnership agreement;
• for less than 3 years if the two of you have a child together. 

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