Generally, the divorce process deals with spousal support, child custody, and so many other factors. When you deal with the divorce process, you also need to know how you can claim those supports. If you fail to apply for spousal support correctly, you may not claim those supports.
So, if you are going through this stage, you may wonder what you are entitled to in a divorce. To know this, you also need to know the Matrimonial Property Act of Alberta.
In this writing, you will know about marital assets and what you are entitled to after the separation.
What is Considered a Matrimonial Asset During a Divorce in Alberta?
Usually, marital assets include a lot of things. Among them, it has personal property, joint property, joint bank account, life insurance, etc. After the separation, these are the assets that will be considered marital assets.
Additionally, some other assets will fall under the marital asset, such as:
- Any joint asset that was acquired after the marriage
- Joint Bank account
- Any legal assets such as land, car, or cash
- Shared debt or loan from the bank
- Pension benefits or life insurance money
- Other joint property or assets like investment or gifts.
In some cases, some of the properties can only belong to one spouse. In that case, the court will review those assets. And then, the court will decide whether that property will divide between two-party or not. Sometimes, the court values the best interest of the couple while dividing the assets.
What Are The Pre-marital Assets During the Divorce?
This is one of the most common issues that arise during the divorce. In most cases, some assets belong to only one spouse. And the spouse bought that asset before the marriage. In that case, you may wonder what will happen to those assets.
In that situation, if you bought the asset with your money and contribution, the court will not divide that asset. But if there is any financial or non-financial contribution from your spouse, you need to share that with your spouse.
When it is a financial contribution from your spouse, the asset will be divided into 50/50 between you and your spouse. But when it is a non-financial contribution, the court will decide the percentage because the non-financial contribution is very subjective to an individual’s case.
What Else is Considered Marital Property?
If you are dealing with the divorce process for the first time, it is normal to get confused. There are lots of assets and belongings that the court considers as marital property. Also, the court decision varies from situation to situation.
In some cases, personal belongings and pension plans are also considered fair game in a divorce case. But if you have your personal car or house in your name, it may not include the marital assets.
But you need to remember a basic Principle. If any assets or properties are acquired during the marriage, they will be considered marital property. That’s why, after separation, you may need to share it with your spouse.
Who is Entitled to Spousal Support in Alberta?
After a divorce, a couple can apply for spousal support. But they need to be eligible for spousal support first. The couple may need to go through a certain process and meet some requirements to get the eligibility.
Generally, if a relationship is more than 3 years long, the couple can apply for spousal support. Sometimes, there is also some issue like child custody. When a couple has any children, they will be entitled to spousal support regardless of the age of their relationship.
What Determines Spousal Support?
Each case is different and unique from others. To understand an individual case, you may need to understand the rights and laws regarding spousal support. Knowing your rights and obligation will make it easier for you to fight for your rights.
Now, certain factors determine the need for spousal support. In other words, not everybody is entitled to spousal support. That is why the laws and regulations set some factors to determine spousal support.
Those factors are:
- How long was the couple living together?
- The contribution and responsibilities of each partner
- Whether the couple has any legal obligation or not (e.g., children)
- Any previous agreements.
Generally, when you apply for spousal support, the court will take those factors into account. After that, the court will try to determine whether you need spousal support or not.
Spousal Support Guideline:
Usually, the spousal support guideline will tell you how much money you will get from the spousal support. The court of Alberta often uses this guideline to decide the spousal support amount. However, the court is not obliged to follow all those guidelines.
But you can get a basic idea from those spousal support guidelines. Sometimes, all those guidelines and legal terms may seem confusing to you. That is why getting professional counselling or seeking help from a divorce lawyer is advisable during the divorce process.
Conclusion:
Conclusion: there is no certainty how the court will assess your case because every case is unique from another case. You need to go through all the legal processes to ensure spousal support. If you fail to do that, you may not be able to get the support you deserve.
So, when the divorce takes place, you will want a fair and equal division of everything. To make sure fair spousal support, you can have an experienced divorce lawyer. There are plenty of divorce lawyer firms around your area. But you need to do your research and find the right one for you.
Hopefully, this writing helped you to understand what you are entitled to after the separation in Alberta.
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