1. What Determines How Long Spousal Support Lasts?

2. How Does the Length of the Relationship Affect Spousal Support?

3. When Is Spousal Support Indefinite?

4. Does Indefinite Support Mean Support for Life?

5. How Do Children Affect the Duration of Spousal Support?

6. Does the Recipient Have to Become Self-Sufficient?

7. Can Spousal Support Have a Specific End Date?

8. What Is the Difference Between a Review Date and an End Date?

9. Can Spousal Support Change Over Time?

10. Does Retirement End Spousal Support?

11. Does Remarriage or a New Relationship End Spousal Support?

12. Does a Long Marriage Automatically Mean Lifetime Support?

13. How Bridgestone Law Can Help

14. Conclusion

Introduction

If you are paying or receiving spousal support after a separation, one of the most important questions you may have is: How long will spousal support last?

There is no single rule in Alberta that says spousal support must be paid for a particular number of years. Depending on the circumstances, support may be payable for a fixed period, for several years, or on an indefinite basis, meaning that no specific end date has been established.

The duration of spousal support can depend on the length of the relationship, the ages of the spouses, their incomes and earning capacities, whether they have children, the roles they assumed during the relationship, and the recipient's ability to become financially self-sufficient.

The Spousal Support Advisory Guidelines (SSAG) are commonly used by family lawyers and courts when assessing both the amount and duration of spousal support. However, the Guidelines do not replace an individual assessment of the circumstances.

For this reason, two people leaving relationships of similar lengths may have very different spousal support outcomes.

Understanding how duration is determined can help both payors and recipients make informed decisions when negotiating a Separation Agreement or dealing with a spousal support claim.

What Determines How Long Spousal Support Lasts?

Before determining duration, it is important to understand why spousal support is payable.

Spousal support is not simply intended to equalize the incomes of former spouses indefinitely.

Depending on the circumstances, support may be intended to compensate a spouse for economic disadvantages resulting from the relationship, address financial consequences associated with caring for children, relieve economic hardship following separation, or assist a spouse while they work toward greater financial independence.

Consider a marriage where one spouse stopped working for many years to raise the children while the other continued developing their career.

When the spouses separate, the working spouse may have a substantial income, established career, pension and employment benefits. The spouse who remained home may be returning to the workforce after a lengthy absence.

Even if that spouse eventually obtains employment, it may take years to rebuild their earning capacity.

Compare that situation with a five-year relationship where both spouses maintained full-time employment, have no children and remain financially independent.

The duration of support could be very different because the economic consequences of the relationships are different.

How Does the Length of the Relationship Affect Spousal Support?

The length of the relationship is one of the most significant considerations when assessing duration.

Importantly, the analysis may include periods of cohabitation before marriage, rather than simply counting the number of years between the wedding and separation.

Under the basic SSAG formula for spouses without dependent children, duration generally ranges from approximately:

0.5 to 1 year of support for every year of the relationship.

For example, after a 10-year relationship, the Guidelines may produce a duration range of approximately five to ten years.

After a six-year relationship, the range may be approximately three to six years.

These calculations do not automatically determine how long support will be paid. They provide a range that must be considered together with the spouses' individual circumstances.

Generally, longer relationships can result in longer support obligations, particularly where one spouse became financially dependent on the other or experienced significant economic disadvantages during the relationship.

When Is Spousal Support Indefinite?

In some cases, the SSAG may produce a duration described as "indefinite (duration not specified)."

Under the without-child-support formula, indefinite support may generally arise where the relationship lasted 20 years or longer.

It may also arise under what is commonly known as the "rule of 65."

Under this rule, indefinite support may be indicated where the relationship lasted at least five years and:

the recipient's age at separation + the number of years of the relationship = 65 or more.

For example, imagine that a recipient is 55 years old when a 10-year relationship ends.

55 + 10 = 65

The SSAG may therefore indicate an indefinite duration.

The rule recognizes that age can affect a person's ability to retrain, rebuild a career or significantly increase their earning capacity following separation.

Does Indefinite Support Mean Support for Life?

Not necessarily.

This is one of the most important distinctions to understand.

Indefinite support does not automatically mean permanent or lifetime support.

Instead, it generally means that there is no predetermined termination date.

For example, spouses separating after a 25-year marriage may not know what their financial circumstances will look like ten years later. It may therefore be inappropriate to decide at separation that support must end on a particular future date.

An indefinite arrangement allows support to continue while entitlement remains, subject to the terms of the agreement or order and any future changes that may justify reviewing or varying support.

Income may change. The recipient may become more financially independent. The payor may eventually retire. Pension income may begin. Other circumstances may develop.

Indefinite support can therefore continue for a long time, but it should not automatically be interpreted as an obligation to pay the same amount for the rest of the parties' lives.

How Do Children Affect the Duration of Spousal Support?

Where spouses have dependent children, the analysis can become more complicated.

Parenting responsibilities may significantly affect a parent's ability to become financially self-sufficient.

A parent caring for young children may have difficulty working full-time, accepting overtime, pursuing promotions, relocating for employment or completing additional education.

Consider a couple separating after 12 years of marriage with children aged four and seven.

During the marriage, one parent reduced their employment considerably to care for the children. Following separation, that parent continues to have significant parenting responsibilities.

Although returning to full-time employment may eventually be reasonable, expecting immediate financial independence may not be realistic.

Spousal support may therefore continue while the recipient increases their employment and the children's needs change.

However, spousal support does not automatically end when child support ends.

Child support and spousal support are separate legal obligations, and the recipient may continue to have an entitlement to spousal support after the children become independent.

Does the Recipient Have to Become Self-Sufficient?

One of the objectives of spousal support law is to encourage spouses to become economically self-sufficient where practicable.

This does not mean every recipient is expected to immediately obtain full-time employment or achieve the same income as the payor.

What is reasonable depends on the circumstances.

A younger spouse leaving a relatively short relationship may have strong prospects of returning to full-time employment and becoming financially independent.

The circumstances may be very different for someone who is 58 years old and spent 25 years outside the workforce caring for children and supporting their spouse's career.

Even if that person finds employment, they may never recover the seniority, pension contributions, career advancement and earning opportunities they lost during the marriage.

A recipient's efforts toward self-sufficiency can therefore affect support, but obtaining employment does not necessarily mean that support immediately ends.

Can Spousal Support Have a Specific End Date?

Yes.

Some spousal support arrangements are time-limited.

A Separation Agreement or court order may provide that support will be paid until a particular date.

For example, a recipient may need several years to complete a professional qualification or retraining program.

The parties might agree that support will continue during that transition period.

A fixed termination date can provide certainty for both spouses. However, it may not always be appropriate, particularly following a lengthy marriage or where the recipient's future earning capacity is difficult to predict.

In those situations, indefinite support or a future review may be more appropriate.

What Is the Difference Between a Review Date and an End Date?

A review date and a termination date are not the same thing.

If support terminates on a particular date, the obligation is intended to end in accordance with the terms of the agreement or order.

A review date, however, provides an opportunity to reconsider support.

For example, support might be reviewed when:

• the recipient completes retraining;

• a young child begins attending school full-time;

• the recipient is expected to return to full-time employment;

• the parties reach a specified future date; or

• another anticipated event occurs.

If support is scheduled for review after five years, this does not necessarily mean that support ends after five years.

The parties may instead examine their updated incomes, employment circumstances and other relevant information to determine whether support should continue and whether the amount remains appropriate.

Can Spousal Support Change Over Time?

Yes.

A spousal support arrangement established shortly after separation may need to be reconsidered years later.

For example, the recipient's income may increase substantially. The payor could experience a significant reduction in income. A recipient may complete retraining and establish a successful career, or the payor may eventually retire.

Depending on the circumstances and the wording of the agreement or court order, a significant change may provide a basis to seek a variation of spousal support.

However, support does not necessarily change automatically simply because someone's circumstances have changed.

A person paying support under a court order should be cautious about simply reducing or stopping payments without obtaining legal advice or having the order changed. Until the obligation is properly varied or terminated, unpaid amounts may accumulate as arrears.

Does Retirement End Spousal Support?

Retirement does not automatically terminate spousal support.

However, retirement can significantly change the financial circumstances of both spouses.

A payor who previously earned a substantial employment income may begin relying on pension, CPP, investment or retirement income. The recipient may also begin receiving retirement income.

The effect on spousal support depends on the circumstances, including the age of the spouses, whether the retirement is reasonable, their respective incomes after retirement, the continuing basis for support, and the wording of the existing agreement or order.

For example, a 67-year-old retiring after a long career may present a very different situation from someone who voluntarily leaves a high-paying career at age 52 despite remaining capable of working.

Retirement may therefore provide a reason to reconsider support, but it should not be assumed that support automatically ends on the payor's retirement date.

Does Remarriage or a New Relationship End Spousal Support?

Another common misconception is that spousal support automatically ends if the recipient remarries or begins living with a new partner.

That is not necessarily the case.

A new relationship may affect the recipient's financial circumstances and may be relevant when determining whether support should continue.

However, the impact can depend on the reason support was originally payable.

For example, where support is largely based on financial need and the recipient's new relationship substantially improves their financial circumstances, there may be a stronger basis to reconsider support.

On the other hand, a new relationship does not necessarily erase economic disadvantages created during a lengthy marriage.

Similarly, the payor's remarriage does not automatically terminate an existing support obligation.

Example: A Long Marriage

Consider David and Jennifer, who separate after 27 years together.

David earns approximately $200,000 annually. Jennifer earns approximately $40,000 after spending many years working part-time while caring for their children.

Jennifer is 55 at separation.

Given the length of the relationship, Jennifer's age, the income difference and the economic disadvantages associated with her years outside full-time employment, the SSAG may indicate indefinite support.

That does not necessarily mean David will pay the same amount for the rest of his life.

If David reasonably retires years later, Jennifer's income increases significantly, or their retirement incomes substantially change their financial circumstances, support may need to be reconsidered.

At the time of separation, however, establishing an arbitrary end date may not appropriately reflect Jennifer's circumstances.

Example: A Shorter Relationship

Now consider Alex and Morgan, who separate after eight years together.

They do not have children and both remained employed throughout the relationship, although Alex earns significantly more.

If Morgan establishes an entitlement to spousal support, the SSAG's basic without-child-support formula could suggest a duration range of approximately four to eight years.

The final duration would depend on the circumstances, but this demonstrates why a shorter relationship can result in a very different duration than a marriage lasting 20 or 30 years.

Does a Long Marriage Automatically Mean Lifetime Support?

No.

A long marriage can increase the likelihood of longer or indefinite support, but relationship length is not the only consideration.

Imagine two couples who both separate after 25 years.

In the first marriage, both spouses maintained successful careers, earn comparable incomes and accumulated substantial retirement savings.

In the second, one spouse remained outside the workforce for most of the marriage to raise the children while the other developed a highly paid career.

Although both relationships lasted 25 years, their economic circumstances are significantly different.

Spousal support must therefore be assessed based on the individual circumstances of the spouses rather than relationship length alone.

How Bridgestone Law Can Help

The duration of spousal support can have significant financial consequences for both the person paying support and the person receiving it.

At Bridgestone Law, our Calgary family lawyers can help you understand whether spousal support may be payable, how the Spousal Support Advisory Guidelines apply, and whether support may be appropriate for a fixed period, an indefinite duration or subject to future review.

We can also assist when circumstances change after support has been established, including changes involving employment, income, retirement, self-sufficiency, remarriage or repartnering.

If spousal support is being addressed in a Separation Agreement, careful drafting is particularly important. A provision stating that support ends on a particular date can have very different consequences from a provision stating that support will be reviewed on that date.

Obtaining legal advice before agreeing to the duration of support can help ensure that you understand both your immediate obligations and the potential long-term consequences.

Conclusion

There is no single rule for how long spousal support lasts in Alberta.

Depending on the circumstances, support may continue for a fixed number of years, be subject to review, or have an indefinite duration.

The length of the relationship is important, but it is only one part of the analysis. The spouses' ages, incomes, earning capacities, parenting responsibilities, career sacrifices, prospects for self-sufficiency and the reasons support is payable can all affect duration.

Most importantly, indefinite support does not automatically mean lifetime support. It generally means that no specific termination date has been established.

If you are separating and spousal support is an issue, understanding how long support may last is just as important as determining how much may be payable. A family lawyer can help you assess the applicable SSAG ranges, understand your rights and obligations, and work toward a support arrangement that appropriately reflects your circumstances.

Bridgestone Law assists clients in Calgary and throughout Alberta with spousal support, Separation Agreements and other family law matters.