Spousal or partner support is a financial payment from one spouse or partner to the other following a separation or divorce. Multiple factors determine which spouse or partner may be entitled to support and how much they will receive. At McLean Legal Family Lawyers, as Calgary spousal support lawyers, we will work on your behalf to advance or defend your claim.
Spousal or Partner Support With Children
If the spouses or partners have children (including adopted children) while married or in a common-law partnership, the calculations of their spousal or partner support amount will take the children into account. Calculations can be complex as many factors influence the amount of spousal or partner support, including the payor and recipient’s gross incomes, age of the spouses, and length of cohabitation, as well as the age and place of residence of the children. Child support payments will be considered first before any spouse or partner may receive any payment. We can help determine how much you’ll receive or be obligated to pay.
Spousal or Partner Support Without Children
If the spouses or partners did not have children while married or in a common-law partnership, the spousal or partner support calculation will vary significantly. The basic formula consists of the gross income between the two spouses or partners (the payor and the recipient), the length of the marriage or relationship and the age of the spouses at separation. Calculations for spousal or partner support without children can be very complex, and we recommend seeking our help when applying.
The calculation of spousal or partner support is a very complex issue and each case is different. Multiple variables determine the amount the spouse or partner can receive, including the roles of each spouse or partner during their relationship, the length of the relationship, the financial means and needs of both parties, care of any children, and if the spouses or partners entered into any agreement or Court Order.
Spousal or partner support and its amounts can be determined by out-of-Court settlements and agreements or by Court Orders. Mediation can prove useful in determining spousal or partner support after divorce or separation. If an agreement is not reached, an Arbitrator or the Court (as applicable) will decide the outcome based on the cases of both spouses or partners.
You will need to gather financial documents (including tax returns, notices of assessments and a list of expenses, assets and debts) and review them with your lawyer prior to disclosing them to the opposing party. If you cannot reach an agreement, you will then have to file a claim in Court. McLean Legal can support you by acting on your behalf or offering guidance.
Ideally, coming to an out-of-Court settlement regarding partner support is the best course of action. Mediation offers the most cost-effective and supportive approach to solving relationship disputes.
Common law partners (called Adult Interdependent Partners in Alberta) can apply for partner support. You have to have been in a relationship, living continuously with the person over three years and be in a relationship of interdependence. You may also be entitled to support, if you were in such a relationship for less than three years and if you had a child by birth or adoption.
It depends on several factors, including the duration of the time they lived together, their ages at the time of separation and their current financial state and income. Sometimes support is for a limited duration, and on other occasions, it may be indefinite.
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