When Is Spousal Support Owed in Ontario?
Spousal support is not automatic. It depends on whether one of three legal grounds applies:
- Compensatory support: The lower-earning spouse gave up career opportunities to support the family, for example, by leaving work to raise children. The law compensates for that sacrifice.
- Non-compensatory support: There is a significant income gap between the spouses, and the lower-earning spouse has a genuine financial need.
- Contractual support: A marriage contract or cohabitation agreement sets out specific terms for support.
Not every separating couple involves spousal support. Our lawyers assess your situation clearly so you know exactly where you stand.
How Much Spousal Support Will Be Paid?
The Spousal Support Advisory Guidelines (SSAG) are the main tool used to calculate support in Ontario. They produce a range of monthly amounts based on:
- The difference in gross income between the spouses
- The length of the marriage or relationship
- Whether there are children
- The ages of both spouses
- Each person’s ability to become financially self-sufficient
The SSAG are not mandatory law, but courts use it as a guide. Our lawyers calculate the applicable range for your case and advise on where within that range you should be aiming.
What courts take into consideration to determine eligibility for spousal support?
A spousal support lawyer will advocate on your behalf; the court takes into account the financial means and needs of both spouses, the length of the marriage, the roles of each spouse during their relationship, and the current financial positions.
Who has to pay spousal support?
If the spouse doesn’t need financial support and the one who can afford to pay spousal support, a judge will order the higher-earning spouse to pay support to the lower-earning spouse, independent of their gender.
Do I still have to pay spousal support if my ex is living with someone?
Sometimes. The judge will take into consideration several facts. These include the roles performed in the relationship, the duration and stability of your Ex’s new relationship, and any written agreements. More factors include the value to your Ex of any benefit that he or she receives by reason of that new relationship, the existence of any legal obligation on the part of your Ex’s new partner to provide support, the economic circumstances of your Ex’s new partner (and this comparison will sometimes be made in relation to your own, as the paying spouse). Refer to Strifler v. Strifler, 2014 ONCJ 69, 2014 CarswellOnt 1559 (Ont. S.C.).
How Long Does Spousal Support Last?
Duration depends on the length of the marriage and the specific circumstances. The SSAG generates a suggested range. Here is a general guide:
- Short marriages (under 5 years): Support is typically time-limited and may be transitional
- Medium marriages (5–20 years): Support is usually for a defined period, tied to the length of the marriage
- Long marriages (20+ years): Support may be indefinite, especially where one spouse has been out of the workforce for a long time
Our lawyers advise on duration based on the specific facts of your case.
Can Spousal Support Be Changed?
Yes. If circumstances change significantly, support can be varied. Common reasons include:
- A significant increase or decrease in either spouse’s income
- The recipient remarrying or moving in with a new partner
- One spouse retiring
- A serious health event affecting either party
We handle both initial support arrangements and variation proceedings.
Do Common-Law Partners Qualify for Spousal Support?
Yes. In Ontario, common-law partners who have lived together for at least three years or who have a child together can claim spousal support on the same basis as married spouses. The SSAG apply in the same way.
The Legal Requirements
- Parents can ask for child support when their children are living with them and are dependants. Support is considered the right of the children and it is meant to cover expenses related to food, accommodations and other necessities of the child. There are two types of support payments: the 1) table amount and 2) special or extraordinary expenses.
- Table Amount The first component of support is calculated based on government issued tables that take into consideration the number of children, the province where the family resides and the income of the person paying the support. The income used to calculate support is the gross annual income, which means that we use the salary earned before paying income tax. There are more complex cases where the support is based on the Table and on other things, but these are rare. The Table Amount is meant to cover clothing, food, and school supplies. The table amount can be changed. For example, a step-parent may pay less child support if another parent also pays support.
- Special and Extraordinary Expenses. In addition to the Table Amount, parents must contribute to special or extraordinary expenses. These expenses include child care, medical bills, and reasonable expenses incurred to meet the child’s educational needs at the university. Besides these expenses, the courts will allow parents to seek contributions from the other spouse for reasonable extracurricular activities.
Unified LLP: Leading Spousal Support Lawyers in Toronto
When common-law or married couples separate, it is naturally a fraught and difficult time. The complexities and nuances of the legal process don’t make things easier.
That’s why you need a family law lawyer on your side, helping you negotiate important considerations like the length of time of payments, the amount, etc.
If you are going through a separation and have concerns about conflict in the home or your children’s stability, exclusive possession may provide some relief. Contact Unified LLP for more information or for assistance with a separation or divorce. Fill out the request below or call us at 416-222-1673.
Whether you’ll be paying or receiving spousal support, it’s important to work with a divorce lawyer in Toronto to help you get the best possible arrangement for you and your family. Get in touch today for a free consultation.
Your Spousal Support Questions
Can I negotiate spousal support without going to court?
Absolutely. Most spousal support arrangements are negotiated and recorded in a separation agreement without involving a judge. We negotiate on your behalf to reach a fair, enforceable agreement.
What if my spouse refuses to pay?
If spousal support is included in a court order or registered separation agreement, the Family Responsibility Office can enforce payment, including wage garnishment and other collection measures.
Is spousal support taxable in Canada?
Periodic spousal support is generally taxable in the hands of the recipient and tax-deductible for the payor. Lump-sum payments are treated differently. We advise on the tax implications of any proposed arrangement.
Whether you are seeking support or concerned about what you owe, we give you a clear, honest answer. Call Unified LLP at 416.787.7678 for a free consultation.
