Spousal support is basically financial support for the spouses after ending up a marriage relationship. It is mandatory, or we can say a legal obligation that comes from the family law for a person. When you are a part of the relationship which is ending, you will be wondering how you will manage financial support for your future because you might be financially dependent on your partner.
There have a lot of facts and rules regarding this process. In this article, we will provide you with all the important information that you need to know about spousal support advisory guidelines in Alberta.
Spousal Support Advisory Guideline in Alberta
Spousal support basically works for removing the disparity between the financial condition of spouses. It is also called alimony in some cases. Spousal support is applicable for a married couple or partners who are in the common-law relationship.
Here one notable thing is, spousal support is applicable for the same-sex partners also. There have a lot of purposes for spousal support. It recognizes the contribution of each partner on their relationship. It also helps the partners to care their child equally.
Some people, especially women, leave their job after their marriage or having a child. At that time, what will be the future of those moms and child? In these types of cases, the importance of spousal support increases at a significant level.
These are mainly the importance of spousal support. Now obviously you have to need to know how will you apply for it. Here are the ultimate guidelines on how will you apply for spousal support:
Gather your documents:
The first thing you have to know in this process is gathering all the documents that require your court. You need to complete tax reports from the last three years. You also need the list of your monthly expenses and also the amount of your all debts and assets.
Here in some cases, you may need notice of assessment (a tax status form) from the last three years. That’s all you need for applying for the spousal support in Calgary.
Fill the forms:
In the second step, you have to fill out different types of forms, including the form of claim, statement, affidavit of service and so on. This is for the residents of Alberta. If you are not a resident of Alberta, then you need to complete the inter-jurisdictional support order application.
However, you need to fill up all the forms very carefully and here one notable thing is, never fill the form with fake information. The law of Alberta is very strict; perhaps you all know that. It may be a cause of your imprisonment even.
File your claim:
Now it is time to file your claim. You need to claim this in the court in your city where you are living with your partner or in the first location where you have started your first action. You will easily be able to file your claim by going in the court physically. These are mainly the steps of applying for spousal support. As simple as that.
Factors that affect the amount of Spousal Support:
There have a lot of different factors that affect the amount of spousal support. Judges need to consider all of these factors. If you know this, you will easily be able to calculate the amount of your spousal support. Let’s take a look at those factors:
Length of marriage
There has a common rule that the amount of spousal support is dependent on the length of the marriage. Long term marriage means union, which is 15 to 20 years lengthy. Five to seven years long marriage is considered as the moderate-term marriage, and below five years, marriage is short term marriage. So, it is obvious that you will get different the highest amount of money if the length of your relationship is 17 to 20 years.
Ability to pay
The ability to pay is also a considering factor here. Basically, who earns more in the relationship, will pay the spousal support. So, the amount of spousal support will be according to his or her income. If the ability of your partner is $100, then you will get that. And if his/her ability is $1000, then he will pay as it is.
Standard of living
The standard of living is also an important factor here. There have some levels in every society. All of the people in this world is not live with luxury. So, the payment will be also different according to his standard of living.
Need
Needs of all people are not the same. Likes, preferences, and lifestyle are different from person to person. So, surely you will be paid according to needs and lifestyle.
Age and health condition of the partner:
If you are mentally and physically sick, you obviously know that it increases your expenses at a notable level. At the same time, you know aged persons need more money for maintaining themselves. So, age and the health condition of the partner is a considering factor here.
These are the main factors to determine or calculate the amount of spousal support. There may have some other factors that judges use to determine your amount, but these are the most effective.
Does no-fault divorce affect spousal support?
No-fault divorce is very popular nowadays. People can divorce her/his spouse by taking any consent. In case of this type of divorces, there has some difference in case of getting spousal support according to spousal support advisory guidelines.
You will easily be able to get spousal support after applying for it because, in these types of cases, spousal supports are always awarded according to the law of Canada.
How long can a person get spousal support?
This is a very frequently asked question. Here the answer is, it is dependent on how much time you lived together. The longer you stay with your spouse, the more length of time you will get the spousal support.
For short term marriage, you will get fifty per cent of the time of spousal support. If your relationship long term, then you will have the opportunity to exchange your spousal support for a larger amount of assets or money.
What is about taxation?
In the case of taxation, it provides some opportunities for the payor. Here, if you are a payor of spousal support, it is tax-deductible for you. So, after taking the money of spousal support, you have to pay taxes for the money taken. This whole system in Canada is very user-friendly.
Conclusion
So, these are mainly the Alberta spousal support guidelines. Nobody gets into a relationship for getting a divorce. Then again, you need to consider spousal support and many other including things for having a secure future. If you have a broader idea about this, the hassles after getting a divorce will be significantly reduced.
We hope now you know everything regarding federal spousal support advisory guidelines. Even after that, if you don’t understand anything or have anything’s to know, feel free to ask in the comment section.
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