You are supposed to support your ex-spouse for a certain period. However, it’s not like you will automatically pay it after the separation.
Because there are factors that determine if one will be paying the spousal support or not. On the other hand, people who support their spouse financially might not need to continue doing it.
The reason is, circumstances can change in a lifetime. Therefore, if you have a valid reason, the court will approve the termination of spousal support.
Here, you will know how to not pay spousal support in Canada. Along with that, I will give away details on how it works in Alberta. Also, you will learn what spousal support is in detail and how you can actually terminate.
What is Spousal Support in Alberta?
When a marriage ends, one spouse may have to provide financial support to the other. Previously, it was called ‘alimony.’
Also, spousal support is known as ‘spousal maintenance.’ Usually, you can pay the maintenance every month. Or you pay the entire amount in a single payment.
How to Not Pay Spousal Support in Canada: 4 Things to Do
In practice, courts don’t easily withdraw the order if it’s a petty reason. That means it has to be a major change. Also, they will review it only when it’s valid.
Anyway, there are 6 steps you can accomplish to pursue the approval of spouse support termination.
Let’s look at them to learn how to not pay spousal support.
Recheck the spousal support agreement
The first thing you can do is recheck the spousal support agreement. It may specify the end of the spousal maintenance.
Or, there could be some review date too. You might find something related to the remarriage of the support receiver.
Re-assessing for materials changes
You may remember me saying that courts only consider the major reasons. Considering that, you need to assess the overall situation.
You need to look for a couple of things during the evaluation of the circumstance. For instance, you need to find out if the change you are facing right now entails any material.
And if it is serious enough for the court to consider reviewing the change. Note that you won’t be able to do it yourself. To perform an accurate assessment, you must seek the help of a divorce lawyer.
Because the process is entirely technical. Notice that, you will be going to the court to review the circumstance.
And court might change the order once it’s done checking the evidence. What is more, you must integrate new proof that the circumstances have changed.
Otherwise, you can’t bring the spousal maintenance to an end. Considering these points, you are not fully capable of reviewing the spousal support agreement.
Talk to your ex-partner
Did your marriage end on good terms? Then try talking to your ex-spouse about the issue. This can help you to mutual understanding.
The best practice is to do it in a formal setting. In other words, you both can discuss it by associating a mediator or legal counsel.
Besides, you will reach an agreement after the discussion. Following that, you two need to make a new spousal support agreement so the court can sanction it.
At the same time, you and your ex-spouse might have already decided on the end time during the divorce. In that case, you must submit the required document and request a new court order.
Directly apply for terminating spousal support
Once you identify the significant change in the circumstance, you can directly apply for spousal support termination. And, you need to explain your argument to the judge thoroughly.
Once again, you should take legal help for it to form the most convincing ground for the termination.
When Does Spousal Support End?
Before I specify the situation when spousal support usually ends, let’s talk about how long one must comply with the order.
Actually, the time varies. Apparently, you have to pay for it for one year or one and a half for every year of the marriage.
If you two have been together for twenty long years, you need to support your ex-partner for an indefinite time.
There are 5 situations when you can go to court for terminating the agreement for spousal support. Find out about them below:
- The payor has lost the job; also, they have failed to get a new job.
- The payee has got a new partner. And that partner is currently supporting the payee financially.
- The payee has obtained a rise. So, now they don’t need financial support anymore.
- The payee can now support themselves as earnings could be boosted.
- The arrangement for child support has significant change.
What About Spousal Support with no Children
One has to support the ex-spouse both without children and with children. The calculation will be different for spousal support with no children. You can check the official site of Canada to learn about the formula.
Eligibility of Spousal Support
The divorce act states that either spouse can appeal for spousal support after the divorce. In general, the spouse with a lower income range receives financial maintenance.
Regardless, there are several factors for the judge to pay attention to. Basically, there are 6 factors. Know about those from the point given below.
- The source of income of both spouses. That involves the lifestyle and current circumstance too.
- The duration of the marriage.
- The individual roles of each spouse in the marriage.
- How do the roles affect the financial condition of both spouses after official separation?
- If there is any childcare responsibility.
- If there are any ongoing orders regarding spousal maintenance.
Steps to Decide on the Spousal Support
There are 2 steps you need to go through to determine spousal support.
At first, you need to recognize that you are entitled to spousal support. Sometimes even if you are entitled, you might not get the support from your ex-spouse. And that depends on a few other factors.
Anyhow, if you are to get the spousal maintenance, the second step is to decide how long and how much you will be receiving. The time and amount are decided depending on both spouses’ financial capability.
On a Final Note
So far, I have discussed spousal support considering the payor is unmarried. So, what about when you are the one who is paying the maintenance? Also, you could be remarried. In such circumstances, you will have to continue the financial support to your ex-spouse.
On a different note, want to know how to apply for a restraining order in Alberta? If it’s any help- just like spousal maintenance, a restraining order is under family law. You can check the family law for the restraining order.