Spousal Support in Ontario: How Is It Determined? 

Jan 22nd 2025

What Is Spousal Support? 

Spousal Support also known as “alimony” or “maintenance” is the money that one spouse may have to pay to the other spouse for their financial support following a separation or divorce. The obligation to pay spousal support is a legal one and can arise from marriage, or from a common-law relationship. 

Who is a Spouse? 

A spouse is someone whom you are married to or as defined under Section 29 of the Family Law Act, a spouse “means a spouse as defined in  subsection 1 (1), and in addition includes either of two persons who are not married to each other and have cohabited, 

1. Continuously for a period of not less than three years, or 
2. In a relationship of some permanence, if they are the parents of a child” 

This means that even if you are not married, but in a common-law relationship spousal support can still arise in certain situations. 

Obligation of spouses to support 

Under Section 30 of the Family Law Act there is an obligation for every spouse to support herself or himself and for the other spouse depending upon their need, and to the extent that he or she is capable of supporting themselves. 

Who is Eligible to Spousal Support? 

There are three main bases to claim spousal support as stated in Bracklow v Bracklow. 

• Hardships or Lost Opportunities Due to the Marriage 

The first basis for claiming spousal support is to pay a spouse for hardship or lost opportunities during the course of the marriage or its breakdown. For instance, if John and Mary are married, and they have two children at home. If Mary works full time and John is a home-maker. John sacrificed his career and ‘lost opportunities’, while Mary had the ability to advance in her career, while John took care of the kids. 

• Contractual Obligation

The second basis for spousal support is to fulfill a contractual agreement which can be expressly stated or can be implied. For example, if John and Mary are married and Mary creates a contract that states that she will expressly support John throughout the marriage by paying him $500 biweekly. This creates an expressed contract. 

• Needs Based Support 

The third basis for spousal support is on a needs based spousal support, to assist a spouse in need where there is the capacity to pay. For instance, a need can arise when there is one spouse who does not have the means to support themselves, or has not worked due to being a homemaker. Thus, they can claim spousal support. 

Spousal Support Duration and Calculation 

A lawyer can help you and advise you on how much support you can receive depending upon your circumstances. Ontario follows the Spousal Support Advisory Guidelines (SSAGs) The Spousal Support Advisory Guidelines are only guidelines, but are frequently used in courts by lawyers and judges to determine how much support is to be paid and for how long. 

The SSAGs provides a framework which suggests a range for the amount of spousal support and the duration it should be paid, depending on the facts of each case. Some of the considerations that the SSAGs consider are the following: 

• The length of the marriage 
• Role during the marriage (Breadwinner v. Homemaker) 
• Child support obligations 
• Financial needs and resources of each spouse 
• Age and health of both spouses 
• Impact of the marriage on earning capacity 

While several divorce software programs can calculate spousal support, it is important to consider various factors that influence the amount, such as the spouses’ ages, length of the marriage, respective incomes, any medical disabilities, and the roles each spouse assumed during the relationship. These factors can significantly impact the spousal support determination. For a more thorough understanding of how these elements apply to your case, we recommend contacting us at Nazarian Law.

Variation of Spousal Support 

Changing spousal support can be tricky once a separation agreement or a court order has been entered into, however the following circumstances can lead to changing the spousal support amount; 

• You or your spouse’s income has changed 
• The spouse that is receiving support is self-sufficient and can support him or herself now
• The spouse receiving the support remarries
• The arrangement regarding the children changes, and 
• The payor of spousal support retires 

How to Change the Spousal Support Amount 

If you are looking to change spousal support there are two ways in which spousal support can be changed. 

1. Consent: The first way in which spousal support amounts can be varied is on consent. If both parties agree to changing the spousal support amount, then the amount can be changed by creating a new agreement, which will then be filed in court. 
2. Motion to Change: If both parties do not consent to changing spousal support then a motion to change will have to be brought in front of the Court and a Judge will decide on whether the terms of spousal support can and should be changed. 

If you’ve recently separated or divorced, navigating spousal support can feel overwhelming, but you don’t have to do it alone. Whether you are married or in a common-law relationship, we’re here to help you understand your rights and secure the support you may be entitled to. 

Key Takeaways on Spousal Support: 

• Spousal Support Obligations: Under Family Law Act spouses must support themselves and, if needed, support their partner financially depending on their ability to do so. 

• Who can claim Spousal Support

• Hardships or Lost Opportunities: If one spouse sacrificed career or personal opportunities during the marriage (e.g., staying home to care for children), they may be entitled to support.

• Contractual Obligation: Spousal support may be owed if there’s a contract (written or implied) between the spouses.

• Needs-Based Support: If one spouse cannot support themselves (e.g., homemaker), they may be entitled to support based on the other spouse’s ability to pay.

• How is Spousal Support Calculated? Factors like marriage length, roles, financial needs, and health are considered, using Spousal Support Advisory Guidelines (SSAGs).

• Changing Spousal Support: Spousal support can be adjusted if circumstances change, like:

• Income changes for either spouse
• The recipient becomes self-sufficient
• The recipient remarries or the children’s situation changes
• The paying spouse retires

• How to Change Spousal Support: 

• Consent: Both spouses agree to the change and file a new agreement in court. 

• Motion to Change: If one spouse disagrees, they can ask the court to decide if the support should be modified. 

————————————-

Disclaimer

The content provided in this article or blog is for informational purposes only. It is not intended to constitute legal advice or to replace the advice of a qualified legal professional. While we strive to provide accurate and current information, the law is complex and constantly changing, and each person’s circumstances are unique. Therefore, you should not rely on this information as a substitute for professional legal advice. This information does not create an attorney-client relationship between you and our law firm. We strongly recommend that you consult with a qualified attorney in your jurisdiction to understand your legal rights and obligations. Always seek legal advice before making any decisions that may impact your legal rights or obligations.