Separation can be emotionally and financially challenging. Taking the proper steps early can help protect your rights and reduce unnecessary conflict. The following guidance outlines practical measures to consider when planning a separation in Alberta.
1. Confirm the Date of Separation
The date of separation is important for property division, support assessments, and legal timelines. Separation occurs when at least one spouse intends to end the relationship and communicates this clearly. Document this date in writing where possible.
2. Gather Financial Documentation
Collect records such as:
- Tax returns
- Bank and investment statements
- Mortgage or lease documents
- Loan and credit balances
Clear financial information allows for accurate analysis of support obligations and property division.
3. Consider Temporary Living Arrangements
Couples may continue living in the same residence during separation, especially for financial or parenting reasons. If you choose to remain in the home, establish guidelines for privacy, child routines, and household responsibilities.
4. Prioritize Parenting Arrangements
If children are involved, stability should be the primary focus. Draft a temporary parenting schedule that outlines where the children will reside, how decisions will be made, and how information will be shared. Courts prioritize the best interests of the child.
5. Understand Child Support and Spousal Support
Support obligations are commonly determined by the Federal Child Support Guidelines and Spousal Support Advisory Guidelines. A lawyer can help assess entitlement, duration, and appropriate payment structures.
6. Avoid Major Financial Decisions Without Legal Advice
Avoid transferring assets, closing accounts, or incurring new joint debts during separation. These actions can negatively affect your legal position and may be challenged later.
7. Speak With a Family Lawyer Early
Early legal advice provides clarity and reduces uncertainty. A lawyer can explain your rights, help you evaluate settlement options, and draft or review a separation agreement that reflects your needs.
Conclusion
Preparation is essential to a stable and fair separation process. Taking the right steps early can help protect your financial security and support respectful co-parenting moving forward.