Understanding Spousal Support in Ontario
Spousal support is money paid by one spouse to the other after a separation or divorce. Here’s how it works in Ontario in simple terms.
Who Can Get Spousal Support?
A spouse can claim spousal support if they were married or lived common-law (usually at least 3 years, or had a child together). But support isn’t automatic, they must prove an entitlement to it.
Types of Spousal Support
There are three basic types of spousal support:
-
Compensatory – to compensate a spouse for sacrifices or opportunities lost during the relationship (for example, leaving a job to care for children)
-
Non-Compensatory (Needs-Based) – to support a spouse in financial need after separation, usually because they depended on the other spouse’s income
-
Contractual – based on an agreement (like a marriage contract or separation agreement) where one spouse agreed to pay support if the relationship ended
How Is Spousal Support Calculated?
Courts consider factors like the length of the relationship, any children (and who looks after them), each spouse’s role during the marriage, their ages, and their finances.
Lawyers and judges often use the Spousal Support Advisory Guidelines (SSAG) to help calculate a fair support range; this guideline considers both spouses’ incomes and the length of the relationship.
How Long Does Support Last?
Spousal support can be time-limited (for a set time) or indefinite (no fixed end date). The duration usually depends on the length of the marriage or partnership and the spouses’ circumstances. Some agreements or orders set an end date or review date for support. If no end date is given, payments continue until the spouses agree to change it or a court orders a change. Support doesn’t automatically end just because the recipient remarries or starts a new relationship.
Enforcing Spousal Support
Ontario’s Family Responsibility Office ("FRO") can enforce spousal support orders and agreements. Once an order is filed with FRO, they collect payments from the payor and send them to the recipient. If the payor doesn’t pay, FRO can take actions like garnishing wages or suspending the payor’s driver’s licence.
Changing Spousal Support
If circumstances change significantly (for example, the paying spouse loses their job), spousal support can be revisited. If the ex-partners can’t agree on a new amount, one of them can ask a court to change the order, but a judge will usually require proof of that major change in circumstances before altering support.
Until a new agreement or court order is in place, the payor must continue paying the original amount.
