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How do I file for spousal support in a divorce situation?

Getting a divorce in Alberta can be unfamiliar territory for you. Whom do you turn to? What are the pertinent questions that you need to ask? You may not even know what is important in a divorce, but getting a legal representative involved early can give you peace of mind and can get you what you rightly deserve, not just the leftovers that your soon-to-be ex-spouse may want you to have.

One issue that may come up is spousal support. You may file in the court of law in Alberta to require a spouse to pay a periodic payment or a lump sum payment. Of course, you will need to give detailed evidence that you deserve this remuneration, and you will probably have to testify to the accuracy of the evidence. You need to do your research on this subject to ensure that you cross your t's and dot your i's.

If you file for spousal support, which is different than child support, you will really be at the mercy of the judge presiding because he or she has the final word on this subject. Getting your story told is important, so make sure you communicate with your lawyer about this.

The court has the power to specify how long the spousal support will go on and will also be able to judge the amount of the payments. The court will hear your evidence that you are entitled to this support and will need to see documentation that you need this. Sometimes, the support is for a small amount of time and sometimes it is for a lifetime. The judge will either give you time to educate yourself and get on your feet before he or she ends the payments or will give you a long-term resolution.

Getting your rights recognized in a divorce is important to you. Ensuring that you get what is yours is paramount.

Source: Divorce Act of Canada, "Spousal support orders," accessed Dec. 08, 2015

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