Men’s Divorce Rights in Alberta

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The outdated idea of the heteronormative nuclear family has changed considerably since the 1950s, where women were burdened with domestic labour, and men were the sole breadwinners. However, men divorcing have frequently felt they were shortchanged when it came to dividing assets, and determining spousal support and parenting orders. 

According to Statistics Canada, the proportion of stay-at-home fathers rose by 6% in Alberta between 1976 and 2015. Naturally, the vast majority of stay-at-home parents have been women and not men. While there is somewhat of a perceived “gender bias” issue regarding divorce, it stands to reason that the law must and has been accommodating changing family dynamics. 

We answer some frequently asked questions below regarding men’s divorce rights in Alberta. 

FAQs About Men's Divorce Rights in Alberta

Are men entitled to spousal support in Alberta?

Yes. It is within men’s divorce rights to apply for spousal support in Alberta under the Divorce Act. In most cases, the spouse with the lower income requests the support. Couples applying for divorce and sometimes couples who were previously divorced have the ability to apply. A court may also order the payment of support if the couple is ending an adult interdependent partnership.

What is the difference between spousal support in Alberta under the Divorce Act and Family Law Act?

Canada’s Divorce Act applies to all married and divorced people across the country. The Family Law Act applies to adult interdependent partnerships, i.e., those not married. This is strictly to do with court processes and does not affect spousal support entitlements and calculations.

Why might I have to pay spousal support in Alberta?

You may have to pay spousal support to:

  • Compensate a spouse who sacrificed his or her ability to earn an income during the marriage
  • To recompense a spouse for the ongoing care of children, over and above child support
  • To help a spouse in financial need caused by the breakdown of a marriage

It’s significant to note that the spouse receiving support has an obligation to become self-supporting where reasonable.

What factors determine the need for spousal support in Alberta?

When ordering spousal support in Alberta, the courts either apply the Divorce Act, which is a federal act, or the Family Law Act, which is specific to Alberta. Both attempt to:

  • Determine the financial advantages and disadvantages faced by either spouse that occur due to the end of the marriage or partnership.
  • Fairly divide costs relating to child care, over and above child support.
  • Provide as much help as possible to each spouse to become financially independent within a reasonable amount of time.

When the court evaluates the financial means and needs of both spouses, each person’s income and expenses is considered. While it is within men’s divorce rights to apply for spousal support in Alberta, if both parties receive similar incomes, and neither have special considerations, then spousal support likely won’t enter the equation. Additionally, the higher the income gap, the greater the chances the higher-earning spouse will pay the support.

How long is spousal support in Alberta?

The payment duration of spousal support in Alberta depends on many factors. Courts and family law professionals use the Spousal Support Advisory Guidelines that, while not law, generally state:

  • If there are no children, support will be provided for the maximum of one year per year the parties resided together.
  • If there are children, the support will continue either for the maximum of one year per year the parties resided together or until the children complete high school, whichever is longer.
  • The application of the rule of 20 and the rule of 65. In this case, support can continue indefinitely if the parties resided together for over 20 years, or if when adding the years lived together to the recipient’s age, the total is more than 65 years. 

Am I required to pay both child support and spousal support at the same time?

Yes. However, the Divorce Act prioritizes the payment of child support. If you do not have enough money to pay for both, then the money will be directed to paying child support first.

When it comes to parenting, are men’s divorce rights the same as women’s?

Legally, both parents possess the same rights. Fathers and mothers receive equal consideration, and there is no inherent bias favouring mothers. The recent amendments to the Divorce Act spell out a number of factors that the court is to consider using a child-centric perspective (the primary consideration is the child’s physical, emotional and psychological safety, security and well-being):

(a) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

(b) the nature and strength of the child’s relationship with each spouse, each of the child’s siblings and grandparents and any other person who plays an important role in the child’s life;

(c) each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse;

(d) the history of care of the child;

(e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;

(f) the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage;

(g) any plans for the child’s care;

(h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child;

(i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child;

(j) any family violence and its impact on, among other things,

(i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child, and

(ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child; and

(k) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

What are men’s divorce rights when it comes to dividing assets during divorce?

The Matrimonial Property Act (MPA) is the Alberta Law used to classify and distribute property when a marriage ends. The basic presumption is matrimonial property and debts will be divided equitably between spouses. They are divided in a way that is fair and given to the person who “deserves” it most, which is not the same as equal distribution. For example, if one spouse is a stay-at-home parent, the court may award them a larger share of the assets.

In Conclusion

Divorce is typically a stressful time for both spouses, even when amicable, as they both have to navigate a new way of life. If you are getting a divorce, there are procedures you should follow to ensure all goes as smoothly as possible, which is where hiring a legal professional can really help.

Learn More:

Calgary Men's Divorce Rights Lawyer Charles Fair 

Canada’s divorce and family laws are governed by federal and provincial laws. Family lawyers represent their clients in court and negotiate disputes between spouses and family members. Charles Fair has been practicing Divorce and Family Law for almost 30 years. Fair Legal handles all types of divorce, custody and family legal matters to protect your children, property and you. Contact us at 1 (403) 239-2249 to schedule a confidential meeting with a member of our legal team.

Give me a call and I can put my years of experience in divorce and family law to work for you.