Spousal Support in Ontario

Frequently Asked Questions

What is spousal support?
Spousal support is financial support paid by one partner to the other after separation or divorce. Its purpose is to help a spouse become financially self-sufficient, compensate for economic disadvantages arising from the relationship or its breakdown, and equitably share financial consequences of caregiving and career sacrifices. (ontario.ca; justice.gc.ca)

Who can claim spousal support in Ontario?
Spousal support may be available if you were legally married or if you lived together in a relationship of some permanence for at least three years, or you were in a relationship of some permanence and have a child together. Both the Divorce Act (for married couples) and the Family Law Act (for both married and eligible common-law couples) include provisions for spousal support. (turn0search0; turn0search16)

How is entitlement to spousal support determined?
Entitlement depends on factors such as financial need, economic disadvantage resulting from the relationship (for example, career sacrifices or caregiving), and ability of the other spouse to pay. Courts or negotiating parties consider contributions during the relationship and the impact of separation on each spouse’s financial situation. (turn0search1)

How is the amount and duration of support calculated?
There is no single formula. Most courts and practitioners use the Spousal Support Advisory Guidelines (SSAG) to estimate appropriate ranges for amounts and duration. These guidelines are not law, but they are widely used to promote fairness and consistency. The SSAG consider income differences, length of the marriage/cohabitation, roles during the relationship, and whether children are involved. (turn0search7; turn0search25)

Do spousal support and child support interact?
Child support is typically calculated first and has priority. Spousal support amount and duration may be influenced by child support obligations and caregiving responsibilities. (turn0search25)

Can spousal support be paid as a lump sum?
Yes, spousal support can be structured as periodic payments, a lump sum, or a combination, depending on agreement between the parties or court order terms. Duration may be fixed, indefinite, or tied to specific circumstances. (turn0search21)

What income is considered?
Courts and Guidelines typically start with gross income and then consider net disposable income after necessary deductions. Specialized calculations (e.g., “gross-ups” for certain benefits) may be used to reflect real financial capacity. (turn0search15)

Does spousal support end automatically?
Whether it ends and when depends on the terms of the agreement or order. Duration may depend on length of marriage/cohabitation, age of the spouses, and capacity to become self-sufficient. Long-term marriages (20+ years) often lead to longer or indefinite support under commonly applied Guidelines principles. (turn0search25)

Is spousal support taxable or deductible?
Under current Canadian tax rules, spousal support payments are generally taxable to the recipient and deductible by the payer when they meet the definition of support under the tax code. This differs from child support. (turn0search22)

Common Misunderstandings About Spousal Support in Ontario

“Spousal support is automatic after separation.”
Support is not automatic. You must negotiate an agreement, or ask a court to decide. A finding of entitlement must be made before support is awarded. (turn0search1; turn0search9)

“The guidelines determine entitlement.”
The Spousal Support Advisory Guidelines do not determine entitlement; they only help estimate amount and duration after entitlement is established. (Entitlement is a separate legal threshold.) (turn0search9)

“Support is always paid until one spouse dies.”
Support duration depends on many factors. Long marriages may lead to indefinite support, but not always. Duration is assessed case-by-case. (turn0search25)

“If one spouse refuses to work, support stops.”
A recipient’s efforts to become self-sufficient are relevant, but refusal to work does not automatically terminate support; courts consider the reasons and individual circumstances. (turn0search26)

“Only married couples can claim spousal support.”
Common-law partners may be entitled if they meet the statutory criteria under the Family Law Act (generally three years cohabitation or relationship permanence with children). (turn0search16)

“Support amounts are fixed by formula, like child support.”
Unlike child support, spousal support does not have a strict formula; the Advisory Guidelines provide a range, and courts exercise discretion based on many factors. (turn0search7)

Important Information

This information provides general guidance and is based on current federal and Ontario practice but does not constitute legal, financial, or tax advice. Individuals are encouraged to consult independent legal and/or tax professionals about their specific circumstances. (turn0search0; turn0search1)