SPOUSAL SUPPORT RIGHTS FOR ADULT INTERDEPENDENT PARTNERS (AIPS) IN ALBERTA
In Alberta, the laws governing relationships have evolved to recognize the diverse nature of modern partnerships. One significant legal framework is the recognition of Adult Interdependent Partners (AIPs) under the Adult Interdependent Relationships Act (AIRA).
Among the rights afforded to AIPs is the entitlement to spousal support in Alberta under certain circumstances. This entitlement to spousal support for AIPs is governed by the same principles and factors that apply to married couples or common-law partners. Understanding your spousal support rights in Alberta is essential if you are an AIP navigating a relationship breakdown.
Key Factors in Determining Spousal Support for AIPs:
1. Length of the Relationship:
The duration of the Adult Interdependent Relationship is a crucial factor in determining spousal support eligibility in Alberta. Longer relationships often create greater financial interdependence.
2. Financial Circumstances:
Courts consider the financial position of each partner, including income, assets, debts, and obligations. The goal is to ensure fairness and equity in spousal support arrangements, taking into account the standard of living during the relationship and the ability to maintain a similar standard post-separation.
3. Contributions to the Relationship:
Both financial and non-financial contributions matter. This includes homemaking, childcare, and sacrifices made for the benefit of the relationship, such as giving up career opportunities. These factors influence spousal support entitlement in Alberta.
4. Care and Responsibility for the Child(ren):
Where dependent children are involved, child support takes priority. Courts also consider any continuing economic disadvantage resulting from childcare responsibilities when determining spousal support amounts.
If you are an Adult Interdependent Partner in Alberta, understanding your rights to spousal support is critical. Whether through negotiation or legal channels, seeking professional advice can help ensure a fair and equitable resolution.
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