It is not uncommon for many long-term couples to naturally fall into a rhythm where one partner focuses on earning income while the other takes on more of the responsibilities at home, with children, or in managing the household.
While this common arrangement may feel practical and mutually beneficial at the time and even for years, financial dependence in divorce situations isn’t uncommon and can create a series of significant legal and financial risks if the relationship ends, particularly in long-term marriages or common-law relationships.
When a separation occurs, the partner who stepped away from paid work often faces real disadvantages when restarting on their own. Alberta’s family law system recognizes these imbalances, and in many cases, spousal support becomes an integral part of restoring financial fairness.
Here’s a comprehensive peek into what financial dependence in divorce can look like…
The Hidden Cost of Financial Dependence
Financial dependence rarely begins as a problem. It typically develops slowly – one partner earns more, the couple decides it makes sense for one of them to stay home, and both settle into their roles.
But when a relationship ends, the financially dependent partner can suddenly face:
- Limited earning capacity after spending years away from the traditional workforce
- Challenge having access to housing or shared assets
- Pressure to accept unfair settlements to “just get it over with and move on”.
- Long-term financial insecurity
Courts in Alberta understand that a partner who has sacrificed career growth to support the family is at an economic disadvantage. These sacrifices don’t disappear after separation – and the law is designed to address that.
How Alberta Law Protects Dependent Partners
Under Alberta’s Family Property Act and the federal Spousal Support Advisory Guidelines, courts aim to fairly compensate the partner who experienced financial disadvantage during the relationship.
Judges typically take a deeper look and examine:
- The length of the marriage/relationship
- Each individual partner’s role (primary earner vs. primary caregiver)
- The financial gap and reliability created during the time of the relationship
- The economic disadvantage or advantage each partner experienced during the relationship
In long-term relationships – typically 20 years or more – spousal support may be indefinite (duration not specified). This doesn’t mean permanent, but it can mean there is no set end date at the time of the initial order. The amount and duration can still be reviewed as life or financial circumstances change.
The federal guidelines also recognize the “rule of 65,” where indefinite support may be available if:
- The marriage lasted 5+ years, and/or
- The recipient’s age + years of marriage equals 65 or more
This rule acknowledges that older, financially dependent partners may struggle to re-enter the workforce after a separation. These specific laws are designed to prevent situations where one partner walks away financially secure while the other starts over with little to no income.
The Warning Signs | When Financial Control Becomes A Red Flag
When it comes to marriage and relationships where there is one partner who earns the household income or simply earns more than the other partner, there is a major difference between managing finances as a team, with honesty, transparency, and both partners having access to said funds, and using that money as a means for control or coercion.
Financial dependence can then become a serious risk when one partner:
- Restricts overall access or transparency to bank accounts and ensures the other partner is in the dark on financial matters
- Tracks or limits the other partner’s spending
- Withholds money for necessities
- Uses finances to manipulate the other partner’s freedom or decision-making
These actions or financial behaviors may constitute as financial abuse, a common form of coercive control.
If this is happening in a relationship, seeking legal advice early is essential. Alberta courts can order interim spousal support, freeze assets, or issue emergency protection orders when financial abuse is tied to emotional or physical harm.
Protecting Yourself For Your Financial Future | No Matter Your Role
Whether you’re the higher earner or the financially dependent partner, taking steps to clarify your household’s finances helps reduce future conflict and uncertainty. This doesn’t mean you do not trust your partner; on the contrary, this ensures you’re both set up in case life takes a drastic turn, whether expected or unexpected, so that you’re both legally and financially supported.
Options to consider are:
- Cohabitation or prenuptial agreements before entering into a serious relationship
- Receiving regular, transparent reviews of family/household finances so each partner is in the loop
- Consulting independent legal advice before signing any financial documents
- Updating Wills, your powers of attorney, and even estate plans after major life transitions
These steps may not feel like a priority in the beginning of your relationship, but when life happens, most people wish they had this all in place as it protects both partners – not just one.
When to Seek Legal Assistance | Guidance for Uncharted Waters
If your long-term relationship is coming to an end, and you’ve been the financially dependent partner, getting legal advice early-on can significantly help your financial security in the future as you reorient your life. Enlisting the support and guidance from a lawyer who specializes in family law and divorce settlements can help you:
- Understand your legal rights and entitlement to certain spousal support
- Identify possible signs of financial coercion or abuse
- Secure the financially dependent partner’s temporary support or protection orders if deemed necessary
- Help you navigate the complex journey of financial dependence in divorce
- Help you plan for long-term financial stability
At Mincher Koeman, we regularly work with clients in Calgary and Canmore who are navigating the financial realities of long relationships, financial dependence, and complex separation and divorce issues. No one gets into a relationship, or a marriage, with the intention of it ending, but with the help of our team, you’ll be able to maneuver your way through the gauntlet of divorce and ensure that everyone’s dignity and finances are intact.
We’re Here to Help | Connect with Mincher Koeman Today
Your financial future deserves clarity – not guesswork.
If you’re facing a separation or financial dependence divorce concerns, our team at Mincher Koeman can help you understand your rights and options.
Connect with us today to begin the conversation as you navigate these uncharted waters.
