Alberta Spousal Support Calculator

Alberta Spousal Support Calculator

Important: Before calculating spousal support, the spouse seeking support must establish entitlement on compensatory, non-compensatory, or contractual grounds. This calculator provides estimates based on the Spousal Support Advisory Guidelines (SSAGs).

Income Information

Relationship Information

Estimated Spousal Support

Factors Influencing Support Duration

  • Length of the relationship: Longer relationships typically result in longer support periods.
  • Recipient’s Age and Health: Poor health or disability significantly impacts duration and increases the likelihood of extended or indefinite support.
  • Economic disadvantage and roles during relationship: Sacrifices made for career/family affect support duration.
  • Recipient’s ability to achieve self-sufficiency: Time needed for education/retraining is considered.
  • Presence and age of dependent children: Childcare responsibilities impact support duration.
  • The “Rule of 65”: If years of cohabitation plus recipient’s age at separation total 65 or more, indefinite support may be awarded.
  • Existing agreements between spouses: Prenuptial, postnuptial, or separation agreements can determine support.
  • Payor’s ability to pay and property division: These factors affect the amount and duration of support.
  • Possibility of review: Support may be varied based on material changes in circumstances.

Typical Duration Guidelines

Relationship Length Typical Support Duration
Under 5 years 6 months to 2 years
5-10 years About half the relationship length
10-20 years Up to the length of the marriage
Over 20 years Indefinite or until retirement

Important Notes:

  • Spousal support in Alberta follows the federal Spousal Support Advisory Guidelines (SSAGs), but the process is not as rigid as child support calculations.
  • The results provided are estimates only and may vary depending on individual circumstances.
  • Spousal support paid on a periodic basis is taxable income for the recipient and tax-deductible for the payor.
  • While online calculators can provide estimates, legal advice is highly recommended for accuracy.
  • Indefinite support does not always mean permanent and may be reviewed based on changed circumstances.
  • Remarriage of the recipient does not automatically end support but may trigger a review.

🔍 1. Establishing Entitlement

Before calculating any amount or duration, the spouse seeking support must establish that they are entitled to it. Entitlement is assessed based on three legal grounds:

  • Compensatory: Economic disadvantage due to the relationship (e.g., giving up a career to raise children)
  • Non-compensatory: Financial need or dependency
  • Contractual: Agreements made between the spouses (e.g., prenups or separation agreements)

Only after entitlement is established do courts calculate the amount and duration of support.

📊 2. Calculation Without Dependent Children

Amount

  • Low end: 1.5% × (Income Difference) × Years of Cohabitation
  • High end: 2% × (Income Difference) × Years of Cohabitation
  • Cap: Generally does not exceed 50% of the income difference

Example:

Spouse A earns $100,000/year, Spouse B earns $20,000/year, and they were together for 20 years.
Income difference = $80,000
Low end = 1.5% × 80,000 × 20 = $24,000/year ($2,000/month)
High end = 2% × 80,000 × 20 = $32,000/year ($2,667/month)

Duration

  • 0.5–1 year of support for each year together if under 20 years
  • Indefinite support for relationships over 20 years or if the recipient is near retirement

👨‍👩‍👧 3. Calculation With Dependent Children

When dependent children are involved, child support is calculated first and takes priority.

Amount

Calculated based on each party’s net disposable income. The recipient’s household should receive between 40%–46% of the combined net disposable income after child support is paid.

Duration

  • Varies based on marriage length, age, and caregiving responsibilities
  • Often indefinite for long marriages or if the recipient cannot work soon

⚖️ 4. Other Key Factors Considered

  • Length of the relationship
  • Roles and sacrifices made during marriage
  • Age and health of both spouses
  • Education and employment prospects of the recipient
  • Childcare duties that limit employment
  • Any agreements between the parties
  • Payor’s ability to pay

🧾 5. Tax Implications

  • Payor: Can deduct spousal support payments from taxable income
  • Recipient: Must declare support as taxable income

📅 6. Duration Guidelines Summary

Length of Relationship Typical Duration
Under 5 years 6 months – 2 years
5–10 years ~50% of relationship length
10–20 years Up to full length of marriage
20+ years Indefinite or until retirement

Note: “Indefinite” does not mean permanent—it may be reviewed or terminated based on future changes.

❤️ 7. Special Considerations: Health and Age

Health conditions that prevent the recipient from working or retraining can lead to extended or indefinite support. Courts pay special attention when age and health are barriers to self-sufficiency.

💬 8. Practical Tools and Legal Help

For estimates, try these online calculators:

Always consult a family lawyer for personalized legal advice and to understand your rights and obligations under Alberta law.

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