Divorce in Alberta

Custody, Parenting & Child Support

Child Support in Alberta

Under the Family Law Act, there is a responsibility of the parent to support the child; even in the situation that one parent does not participate in the physical care of the child/children. Child support is the legal right of the child.

The parent who the child lives with the majority of the time is entitled to receive child support from the other parent. If a child spends time equally with both parents, the parent with the higher income will most often be responsible to pay the other parent child support.

What are the child support guidelines in Alberta?

Child support in Alberta is based on the Federal Child Support Guidelines. These guidelines follow certain rules that the courts use to set child support amounts.

The amounts are based on how much the payer earns annually and how many children the payer is paying to support. Each province has its own calculation this is the table for support in Alberta.

How do you calculate child support in Alberta?

Use the Federal Child Support Guidelines to calculate the amount of child support to be paid monthly. For a quick calculation try the child support calculator.

How is annual income calculated for child support?

To figure out the correct child support amount in the Federal Tables, you need to know the paying parent’s annual income. The income for determining child support in Alberta may be different from the income for determining taxes. More information can be found on how to calculate income in this Step-by-Step Guide.

Under the Federal Child Support Guidelines, the table amount is determined by:

• the number of children;
• the province or territory where the paying parent lives; and
• the paying parent’s before tax annual income.

How does the Universal Child Care Benefit apply to child support?

Parents in Alberta receive the Universal Child Care Benefit (UCCB). When parents separate, the parent who claims the child for tax purposes receives this UCCB payment. The Universal Child Care Benefit is not always included in guideline income. This benefit is not included in the income calculation when:

• You are calculating how much each parent should pay for special expenses
• There is a special expense for the child for whom the Universal Child Care Benefit is paid.

What is the age of majority in Alberta?

The age of majority in Alberta is 18 years of age.

Why are there Alberta Guidelines as well as Federal Child Support Guidelines?

The Federal Child Support guidelines do not assist those parents that are not making use of the Divorce Act. It is desirable to make sure that all children are treated the same for child support purposes. Therefore, the Alberta Guidelines were created as part of the Family Law Act to be used in all cases where the Divorce Act may not apply.

Families and the Law - Child Custody & Parenting

Child custody and parenting information: this booklet explains what constitutes an Adult Interdependent Relationship in Alberta. Child Custody & Parenting

Spousal Support

Spousal Support in Alberta

Spousal support in Alberta is defined as financial support to assist with living expenses that is paid to a former spouse under an agreement.

When can spousal support be ordered in Alberta?

A couple is considered to be in an “Adult Interdependent Relationship” if that couple is in a relationship of interdependence with another adult:

• For three years; or
• For less than 3 years if you have signed an Adult Interdependent Partnership agreement; or
• For less than 3 years if the two of you have a child together.

If parties are applying for spousal support as part of a divorce, the court will apply the spousal support provisions of the Divorce Act (Canada). The court will apply the spousal support provisions of the Family Law Act if:

• The parties are applying for spousal support after living in an Adult Interdependent Relationship; or
• The parties were married but have not yet started a divorce action.

These two statutes are similar but have some differences.

What are the Objectives of Spousal Support?

Both the Divorce Act (Canada) and the Family Law Act (Alberta) discuss the objectives of a spousal support order. The objectives are to:

• Recognize any economic advantages or disadvantages to the spouses coming out of the marriage or occurring because the marriage has ended
• Divide up any financial costs arising from the care of the children over and above the child support
• Lessen any financial hardship of the spouses which may have taken place because of the end of the marriage
• As much as possible, encourage the spouses to become able to support themselves within a reasonable period of time

Both statutes say that the misconduct of the parties is not to be considered when deciding whether or not to grant spousal support and the amount to be paid.

How do I calculate the amount of support to be paid?

The Support Advisory Guidelines can help spouses figure out the amount of spousal support that should be paid. The guidelines take into account the income of both spouses, length of the marriage, and whether children are involved.

MySupportCalculator.ca is a website with a support calculator and can provide an estimated dollar amount that can be adjusted based on specific circumstances.

Can I enforce the spousal support agreement in Alberta?

Once an agreement is received for spousal support, parties can enroll in the Alberta Family Maintenance Enforcement Program (MEP). MEP is a government program that can monitor payments and can take action to assist in receiving spousal support payments. Click Here to register with the Alberta MEP.

Support Advisory Guidelines.

Families and the Law - Financial Support

Financial support information: this booklet explains the law around financial support in Alberta around child and spousal support. Financial Support PDF

Property/Financial

Property Division in Alberta

All provinces have rules regarding the division of property; however, each province is different. Be careful reading that you are looking at information that is specific to Alberta.

In Alberta, if you are married or Adult Interdependent Partners and separated on January 1, 2020 or later, the Family Property Act will apply. If you are married and separated on December 31, 2019 or before, the Matrimonial Property Act will apply.

What is considered family property in Alberta?

Matrimonial/Family Property in Alberta (with a few exceptions) is the property and debts that have been acquired during the marriage or cohabitation (depending on which legislation applies in your situation).

This includes:

• Vehicles
• RRSP’s
• Pension plans
• Bank accounts
• Insurance policies
• Matrimonial homes
• Recreational property
• Investments

It also includes debts such as:

• Credits cards
• Lines of credit
• Mortgages
• Credit cards
• Income tax

How is property divided in Alberta?

In Alberta the total value of the property should be split equally unless it would be unconscionable to do so. This does not mean that each individual item is split (such as splitting a vehicle in half) but rather, the party who is not keeping an asset would receive half of the value of that asset in another form of payment.

Are there assets not considered matrimonial/family property in Alberta?

There are items that are not part of matrimonial property in Alberta and are therefore not divided. These include items such as:

• Assets brought into the marriage/cohabitation
• Inheritances
• Gifts intended for one person
• Personal injury settlements
• Insurance proceeds not in respect of party compensating for a loss to one person

However, just because a spouse received one/some of these, it doesn’t automatically mean that they are exempt. It also depends on a number of factors including:

• The current value of the item
• If the item has decreased in value
• If the item was sold
• If the money was put into a joint asset or how the money was used

How is a pension divided in Alberta?

Pensions are considered property under the Matrimonial/Family Property Act. There are two types of pensions: private pensions (by employment) and the Canada Pension Plan. Some pensions may have legislation that determines how the pension will be divided when a marriage is ending.

Families and the Law - Property Division

Property division information: this booklet explains the law around property division when a relationship ends in Alberta. Property Division PDF

Divorce Mediation and Resolution

Divorce mediation is a speedier and less costly way to dissolve a marriage than going through the courts. A family dispute resolution process such as mediation, arbitration, or collaborative law is mandated by the Divorce Act. With the help of a neutral third party such as Fairway, you and your partner will sit down together or perhaps apart to figure out an agreement encompassing all aspects of your divorce, from property division and spousal support to child decision making responsibilities. There are two types of divorce mediation, open and closed. Open mediation may be disclosed, while closed mediation is strictly confidential. Most family mediations are closed.

Divorce resolution through mediation requires teamwork. The mediator acts as a facilitator and guide, keeping the conversation moving forward and ensuring that all topics are covered. However, he or she will not provide legal advice. Therefore, it is best for both parties to seek legal advice from an independent lawyer before signing any final binding agreement.

Successful divorce mediation results in a non-binding, written agreement that will be drafted into a binding separation agreement which may be filed with the court. Enforcement may be sought in exactly the same way as a court order.

Divorce mediation can be challenging, as cooperation is essential. Through our proprietary process, though, which involves multiple professionals, we have helped many very contentious couples and financially complex families negotiate a fair and equitable settlement. Whenever possible, divorce resolution through mediation should be attempted, as it is much faster and less expensive than a court battle.

Laws

Federal

Federal Divorce Act

Deals with divorce, as well as claims for child and spousal support, and custody and access, in divorce cases. Federal Divorce Act

Provincial

Alberta’s Family Law Act

The Act is part of the Alberta Justice’s Family Law Strategy aimed at creating a simple, integrated and effective family law system that promotes the well-being of children and families. Alberta’s Family Law Act

The purpose of the MPA is to make sure that property is divided in a fair way between spouses when they separate. The MPA starts from a presumption that property and debts acquired by either party during the marriage are to be shared equally. The Maintenance Enforcement Program (MEP) collects court-ordered child support, spousal and partner support, and enforces as needed. Maintenance Enforcement Act

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