Spousal / Partner Support Initial

Spousal / Partner Support Initial

Can I apply for spousal or partner support?

Some information about spousal and partner support is here. However, before making an application for spousal support, you should talk to a lawyer.

How do I know which statute I use?

There are three statutes in Alberta that deal with issues relating to the spousal or partner support. These are the Family Law Act, the Divorce Act and the Interjurisdictional Support Orders Act. The forms that you use are different, depending on which statute you are using.

If you were not married to the other party, and both of you live in Alberta, then you use the Family Law Act.

If you were married, you may have a choice of either the Family Law Act or the Divorce Act. However, once a divorce action is started in Alberta, then all further applications must be made under the Divorce Act.

If the other party lives outside Alberta, and there has not been a divorce action started (or you were never married), then you use the Interjurisdictional Support Order process, and the court may apply the law in the province or country where the other party lives.

The questions below will help you choose the right process.

How much spousal or partner support should I ask for?

The amount of spousal or partner support depends on several factors. You must discuss this question with a lawyer who will give you an opinion based on your own situation.

What do I need to do before I start?

You must gather up your financial information.

The paperwork that the court will want to see is:

  • Your complete tax return and Notice of Assessment for the past 3 years;
  • Your pay stubs or other proof of your income for this year; and
  • A list of all of your monthly expenses.
  • A list of all of your assets and debts.

Before you go to court, consider mediation.

If you want a lawyer to help you, information is here.

To help decide which court to file in, go here.

For this type of application, you must do the paperwork yourself. We can give you the forms and instructions.