Whether you have been married or living common law, as a spouse you have the right to apply for spousal support.  However, it is a two step process.  Firstly, it must be determined if you are entitled to spousal support. Secondly, it must be determined how much spousal support and for how long spousal support should be payable for.  These are decided on an analysis of the circumstances of your marriage/relationship and its breakdown.

If you have been married, the Divorce Act (1985) sets out four objectives which will assist in determining whether a spouse is eligible for spousal support. These objectives are as follows:

• Economic advantages or disadvantages to the spouses arising from the marriage or its breakdown;
• Any financial consequences arising from the care of any child of the marriage;
• Relieve any economic hardship of the spouses arising from the breakdown of the marriage; and
• Promote the self sufficiency of each spouse within a reasonable period of time.

In determining whether a spouse is eligible for spousal support, there are many circumstances to be reviewed.  However, spousal conduct, or misconduct, is not a factor the court will listen to or consider when assessing entitlement to spousal support.  The more prevalent factors which are relevant include the following:

• The length of the marriage;
• The role of each party within the marriage;
• The income earning ability of each party;
• The needs of each spouse;
• Whether the Applicant spouse left the work force during the marriage and if so, for how long; and
• Whether the Applicant spouse is able to return to the work force.

Once it is determined that a spouse may be eligible for spousal support, the next issue which must be determined is the duration of spousal support, the amount of spousal support and whether the amount shall be paid each month or in one lump sum.

If you have been living common law, in May 1999, the Domestic Relations Act (Alberta) was amended to allow common law spouses to apply for spousal support.  The Domestic Relations Act (Alberta) has since been replaced by the Family Law Act (Alberta).    The law requires that common law spouses who have no children must have lived together for 3 years continuously to be eligible to apply for spousal support.  Where a child has been born to spouses in a common law relationship, a common law spouse may apply for spousal support provided they have lived in a relationship of some permanence, or if they have entered into a written Agreement that is an Adult Interdependent Partner Agreement under the terms of the Adult Interdependent relationships Act (Alberta).

The objective in the Family Law Act are:

• recognize any economic advantages and disadvantages to the spouses or adult interdependent partners arising from the relationship or its breakdown,
• apportion between the spouses or adult interdependent partners any financial consequences arising from the care of any child of the relationship over and above the obligation apportioned between the spouses or adult interdependent partners pursuant to a child support order or a child support agreement,
• relieve any economic hardship of the spouses or adult interdependent partners arising from the breakdown of the relationship, and
• insofar as practicable, promote the economic self‑sufficiency of each spouse or adult interdependent partner within a reasonable period of time.

The factors set out in the Family Law Act are:

• the conditions, means, needs and other circumstances of each spouse or adult interdependent partner, including:

• the length of time the spouses or adult interdependent partners lived together,
• the functions performed by each spouse or adult interdependent partner during the period they lived together, and
• any order or arrangement relating to the support of the spouses or adult interdependent partners,

• any legal obligation of the spouse or adult interdependent partner having the support obligation under the order to provide support for any other person, and
• the extent to which any other person who is living with the spouse or adult interdependent partner having the support obligation under the order contributes towards household expenses and thereby increases the ability of that spouse or adult interdependent partner to provide support, and
• the extent to which any other person who is living with the spouse or adult interdependent partner who is to receive support under the order contributes towards household expenses and thereby reduces the financial needs of that spouse or adult interdependent partner.