Spousal Support

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

In Canada, spousal support for married couples who are legally divorcing is governed by the federal Divorce Act. Under the Divorce Act, spousal support is generally considered when there is a significant disparity in the spouses’ incomes after separation. However, support is not automatically granted; a court may decide that a lower-income spouse is not entitled to payments if, for example, they hold significant personal assets or if the income gap is not attributable to sacrifices made during the marriage.

Provincial and Territorial Rules

For unmarried couples who were in a common-law relationship, or for married couples who separate but do not divorce, spousal support is governed by provincial law. In Ontario, this is the Family Law Act (FLA).

Under FLA s.29, a “spouse” eligible for support is:

• A partner who has cohabited for three years or more, or

• A partner who is in a relationship of some permanence and has a child together.

  
  

Factors Considered in Determining Spousal Support

Courts consider both the means and needs of the spouses, the roles each played in the relationship, and the objective of encouraging the receiving spouse’s self-sufficiency within a reasonable period (Divorce Act s.15.2(4) & (6)).

Key factors include:

• The financial means, needs, and obligations of both spouses

• The length of the marriage or cohabitation

• Roles of each spouse during the marriage and their effect on financial positions

• Responsibilities related to the care of children

• Any existing agreements, court orders, or arrangements regarding spousal support

  
  

Courts aim to achieve one or more of these purposes:

• Compensation for a spouse who sacrificed career opportunities or income potential during the marriage

• Recognition of ongoing childcare responsibilities undertaken by one spouse

• Financial assistance for a spouse in need where the other spouse can pay

  
  

No-Fault Divorce and Spousal Misconduct

Canada follows a no-fault system for spousal support. Courts must not consider spousal misconduct, such as adultery or abuse, when making spousal support orders (Divorce Act s.15.2(5)).

Interaction with Child Support

If a spouse is also paying child support, the court must consider how spousal support payments might affect these obligations. Child support has priority over spousal support (Divorce Act s.15.3), ensuring that children’s financial needs are met first.

Seeking Legal Support

At Majoka Law, we help clients understand their rights and options under Ontario law. Whether you are starting the process or need guidance during a separation, we provide clarity and support to help you navigate the system effectively.