Can a claimant bring an application for spousal support under the Family Law Act?

Alberta, Canada


The following excerpt is from R.F.T. v. O.K.G., 2007 ABPC 70 (CanLII):

The Family Law Act limits the bringing of an application for spousal support to married spouses and “adult interdependent partners”, a term that is defined in the AIRA. Does it follow – as one might be quick to infer from the reasoning in Spracklin v. Kichton – that because the parties’ relationship ended prior to the passage of the Adult Interdependent Relationships Act (and hence prior to the concept of an “adult interdependent partner”), the claimant in this case cannot bring an application for support under the Family Law Act?

Other Questions


When considering retroactive spousal support for the purposes of child support, is the issue of notice, delay and misconduct relevant? (Alberta, Canada)
Does remarriage of a divorced spouse entitled to court-ordered support from a former spouse automatically justify or discharge a subsisting order for spousal and child support? (Alberta, Canada)
In what circumstances will a claimant be denied spousal support if they have not proved their disability? (Alberta, Canada)
Can a husband who has agreed to pay spousal support without the benefit of legal counsel argue that when he signed an agreement to pay support, when he did not have the legal counsel? (Alberta, Canada)
How has the court considered the relationship between child support and spousal support? (Alberta, Canada)
Is child support for the purposes of spousal support appropriate? (Alberta, Canada)
How has the court considered the specific circumstance of a payor spouse’s obligation to pay child support to a second family? (Alberta, Canada)
What factors will a court consider when determining the quantum of spousal support? (Alberta, Canada)
What is the test for division of matrimonial property in the context of spousal support? (Alberta, Canada)
Can a court impute income under section 19(1)(a) of the Child Support Guidelines where the payor has pursued a deliberate course of conduct for the purpose of evading child support obligations? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.