Spousal support, sometimes called alimony or maintenance, is rarely straightforward. Unlike child support, there is no single table that decides exactly how much will be paid. The Spousal Support Advisory Guidelines are often used by lawyers and judges in Ontario to provide a suggested range of amounts and timeframes, but they are guidelines, not strict law.
Any agreement or court order dealing with spousal support will address details like:
- How long support will be paid, and in what form (monthly or lump sum)
- What happens if a spouse loses their job, becomes ill, or retires
- How remarriage or a new common-law relationship might affect support
- And possibly more
Because these decisions can have long-term financial consequences, it is very helpful to speak with an experienced family lawyer early in the separation process. Our Toronto spousal support lawyers at Gelman & Associates will carefully explain your rights and obligations so that you can make informed decisions about your future.
With offices throughout Aurora, Barrie, Downtown Toronto, Mississauga, North York, Scarborough and other locations in Ontario, our team focuses on practical guidance, clear communication, and compassionate support at every step. Contact us today to learn more.
What Is Spousal Support In Ontario?
Spousal support is money paid by one spouse to the other after a separation or divorce, usually by the higher income spouse to the lower income spouse. It may be paid monthly or, in some cases, as a lump sum set out in a separation agreement or court order. The Government of Ontario explains that the purpose of support is to reduce serious financial hardship, assist a spouse to become reasonably self-sufficient, and recognize the economic impact of the roles each person took on in the relationship.
Spousal support can be ordered under the federal Divorce Act for married spouses or under Ontario’s Family Law Act for eligible common law spouses. In many cases, the law looks at both need and compensation: for example, where one spouse stepped away from their career to care for children, or where there is a large income difference as the relationship ends.
Who May Be Entitled To Spousal Support in Ontario?
In Ontario, the definition of “spouse” for support purposes is broader than simply being married. You may be able to claim or be asked to pay spousal support if you are married or formerly married, if you have lived together in a marriage-like relationship for at least three years, or if you have lived together in a relationship of some permanence and share a child. These categories come from provincial guidance on spousal support eligibility.
Entitlement is not automatic. A judge (or your lawyers, when negotiating) will look at many factors, including those set out by the Department of Justice and the Ontario government, such as:
- The financial means and needs of both spouses
- The length of the marriage or common-law relationship
- The roles each spouse played during the relationship (for example, primary earner or primary caregiver)
- The impact of those roles on each spouse’s current finances and career prospects
- The care of any children
- Each spouse’s age, health and ability to become self-sufficient
- Any existing court orders, separation agreements, or other arrangements about support
Our spousal support lawyers in Toronto will review your history, financial disclosure, and goals to help you understand whether entitlement to support is likely in your case.
How Is Spousal Support Calculated?
Once entitlement is established, the next questions clients usually ask are “How much?” and “For how long?”
Lawyers and judges in Ontario typically start with the Spousal Support Advisory Guidelines when answering these questions. These guidelines consider factors such as the length of the relationship, each spouse’s income, whether there are children, and how parenting responsibilities are shared. The result is a suggested low, mid, and high range for both the amount and duration of support, which can then be adjusted to reflect the particular facts of your case.
Spousal support paid on a periodic basis is often taxable to the recipient and tax-deductible to the payor if it meets Canada Revenue Agency criteria and is set out in a written agreement or court order. A lawyer in Toronto with experience navigating spousal support can work alongside your tax or financial professionals so that you understand the after-tax impact of different support structures.
Many separating couples resolve spousal support through negotiation, mediation or collaborative family law, rather than going straight to court. These processes can give you more control over the outcome and may save time, cost, and expenses associated with the divorce process, while still relying on the guidelines, case law and legal advice as a reference point.
Spousal Support For Common-Law Spouses In Ontario
Common law partners may have similar rights and obligations regarding spousal support as married spouses, provided they meet the legal definition of “spouse” in the Family Law Act. That usually means living together in a conjugal relationship for at least three years, or for a shorter period if you have a child together and the relationship has some permanence.
Common law spouses must still show entitlement based on factors like the roles that each of you took on in the relationship, the financial impact of those roles, and the other partner’s ability to pay. The same Advisory Guidelines are often used to estimate the amount and duration. Our lawyers at Gelman & Associates can also explain how support intersects with property division and child support for common law couples, because the property rules for married and unmarried spouses are different in Ontario.
Myths And Facts About Spousal Support
Many Ontarians have heard conflicting information about spousal support. Drawing from both federal guidance and our own experience, here are a few key clarifications.
Can Spousal Support Be Changed Over Time?
Spousal support is based on your circumstances at the time the order or agreement is made. Life, however, is not static. The law allows for changes when there has been a “material change in circumstances.”
A material change could include a substantial and lasting shift in either spouse’s income, long-term job loss, serious illness or disability, retirement at a normal age, or a recipient becoming reasonably self-sufficient. Major changes to childcare responsibilities, or the start of a new relationship for the recipient, may also lead to a review.
If you both agree to changes, your lawyers can help you amend your separation agreement and, if appropriate, register the updated terms with the court. If you do not agree, you may need to bring a motion to change or variation application under the Divorce Act or Family Law Act. Our variations lawyers in Toronto regularly assist with these reviews and can help you assess whether the change you are experiencing is likely to meet the legal test.
What If My Former Spouse Is Not Paying Spousal Support?
If your former spouse is not paying court-ordered or agreed-upon spousal support, you have legal options. In Ontario, the Family Responsibility Office (FRO) enforces most child and spousal support orders. FRO has broad powers to intercept wages, garnish bank accounts, report arrears to credit bureaus, suspend certain licences, and take other enforcement steps where necessary.
If your order or agreement is not yet registered with FRO, our spousal support lawyers can advise you on the process and how registration may assist in collecting unpaid support.
Common Questions About Spousal Support In Ontario
Is there a time limit to claim spousal support?
There is no formal limitation period in Ontario for bringing a spousal support claim. That said, the longer you wait after separation, the harder it may be to convince a court that you truly need support. Judges will look at how you have managed financially since the separation and why support is being sought now.
Is spousal support the same for married and common-law couples?
The legal route is different (Divorce Act for married spouses, Family Law Act for common-law), but in practice, the analysis is similar. Both require that you meet the definition of “spouse” and that you establish entitlement based on need, compensation, or a contractual agreement.
Can bankruptcy cancel my spousal support obligations?
Generally, spousal support is treated as a priority family law obligation. Declaring bankruptcy does not erase ongoing support duties. If your finances have changed significantly, you may need legal advice about asking the court to review the amount instead.
What happens to support if income goes up or down?
If your income changes dramatically for reasons beyond your control, or if the recipient’s income increases significantly, you may be able to ask for support to be reviewed. The key is showing a meaningful and lasting change, not just normal ups and downs. Our team can discuss whether a review or variation is realistic in your case.
Contact Our Toronto Spousal Support Lawyers for Legal Assistance Today
Spousal support often intersects with other family law issues such as separation and divorce, child support, property division, and parenting arrangements. Our lawyers look at the full picture, not just one line item.
When you meet with a Toronto spousal support lawyer at Gelman & Associates, we will typically:
- Review the history of your relationship, including roles, income, and major decisions
- Analyze your financial disclosure and support options under the relevant legislation and guidelines
- Explain the possible ranges for support and how long payments might last
- Discuss negotiation, mediation, collaborative law, and litigation, so you understand all available processes
- Work with you to develop a strategy that prioritizes both fairness and long-term stability
To discuss your situation with a Toronto spousal support lawyer, contact Gelman & Associates today at 1-844-736-0200, or reach out through our online contact form. We will provide you with general legal information tailored to your circumstances and, where appropriate, discuss retaining the firm for ongoing advice and representation.
Our phone lines are open Monday to Friday from 8:00 a.m. to 8:00 p.m. We offer multiple office locations across Ontario and can also meet by phone or video for your convenience.
