What Is Spousal Support?

Spousal support — sometimes still called "alimony," an older informal term many people continue to search for, though it is not the term used in Canadian law today — is money one spouse or partner may pay to the other after a marriage or an eligible common-law relationship ends. Unlike child support, which covers the cost of raising a child, spousal support addresses the financial relationship between the two adults themselves.

Spousal support is never automatic simply because a couple was married or lived together. It must be established either through the courts, applying the federal Divorce Act or Ontario's Family Law Act depending on the relationship, or through a separation agreement the couple negotiates on their own. This page covers spousal support in full; for a shorter, plain-language walkthrough, see our Insights guide to spousal support.

Who Can Apply for Spousal Support in Ontario?

Two different laws can provide a basis for spousal support in Ontario, depending on the relationship. Married spouses who are divorcing, or who have already divorced, can seek support under the federal Divorce Act. Married spouses separated but not divorcing, along with eligible common-law partners, can seek support under Ontario's Family Law Act instead.

Common-law partners are not automatically eligible for support the way married spouses are. The Family Law Act generally treats two unmarried partners as "spouses" for support purposes once they have cohabited continuously for a period the Act specifies, or have cohabited in a relationship of some permanence and are parents of a child together — a broader test than the one used for dividing property, where common-law partners have no automatic entitlement. Read more about how property is generally treated for common-law relationships. Because this cohabitation period can be updated by the legislature, confirm the current wording, rather than relying on a figure seen elsewhere.

Why Is Spousal Support Ordered? The Three Bases for Entitlement

Canadian courts do not award spousal support simply because two people were once a couple. Support has to be justified on a recognized basis, and the Supreme Court of Canada's decision in Bracklow v. Bracklow described three overlapping bases that Ontario courts continue to apply.

  • Compensatory support recognizes an economic disadvantage from the relationship or its breakdown — for example, where one partner reduced working hours or stepped back from a career for the household or children.
  • Non-compensatory (needs-based) support can apply even without a direct economic sacrifice, where one partner is in genuine financial need and the other has the ability to help.
  • Contractual support arises from an actual agreement between the partners — express or implied — that one would support the other.

These bases are not mutually exclusive. Divorce Act section 15.2 also sets out objectives a court must weigh, including recognizing economic advantages and disadvantages from the marriage's breakdown, sharing the financial consequences of child care, relieving economic hardship, and promoting self-sufficiency within a reasonable period where practical. None automatically outweighs the others.

The Spousal Support Advisory Guidelines (SSAG): What They Are and Aren't

Because judges have significant discretion in spousal support cases, the Spousal Support Advisory Guidelines (SSAG) were developed, with support from the federal Department of Justice, to bring more predictability to how amount and duration are estimated.

The SSAG are advisory only, and a spousal support estimator can offer a general sense of the advisory range. They have never been passed into legislation, are not binding on any court, and no one is legally required to follow them. They exist alongside, not instead of, the Divorce Act and the Family Law Act, and are meant to help estimate a general range — not to replace a judge's, mediator's, or lawyer's judgment.

In practice, the SSAG are widely referenced by lawyers, mediators, and judges as a negotiation starting point. But because they rely on general formulas, they do not account for every circumstance, and a court can depart from them where the facts justify it. This guide does not reproduce the SSAG's calculations; for a fuller look at how amount and duration estimates are generally reached, see spousal support calculations, since applying the SSAG correctly generally requires software or professional guidance.

Factors That Can Affect Amount and Duration

Both the general legal framework and the SSAG commentary point to a similar set of considerations when amount and duration are being worked out, although no single factor is decisive on its own, and how they combine depends heavily on the specific facts.

  • Length of the relationship. Longer relationships, and marriages especially, are associated with a greater likelihood of support and, potentially, longer duration.
  • Roles during the relationship. Reduced paid work or relocating for the other's career can support a compensatory claim.
  • Income disparity. A significant, lasting income gap is a central consideration.
  • Age and health. These can affect a spouse's ability to enter or remain in the workforce.
  • Self-sufficiency. Where reasonable, the law generally aims to help the lower-income spouse become self-supporting over time — one goal among several.
  • Existing agreements. A valid domestic contract addressing support can affect a court's approach.

These are general considerations from the case law, not a rigid checklist.

Spousal Support and Child Support Together

When a couple has children, child support and spousal support are legally separate claims, calculated differently and serving different purposes. Child support belongs to the child, not the receiving parent, while spousal support looks at the financial relationship between the adults. Both can be payable at once, and because child support is generally addressed first, the order in which the two are worked out can affect an SSAG estimate. Read more about how child support is calculated in Ontario.

Spousal Support in a Separation Agreement

Many Ontario couples resolve spousal support without going to court, negotiating terms directly — often with lawyers, or through mediation — and recording them in a separation agreement. An agreement can set the amount, frequency, duration, and review terms, and, provided it meets the formal requirements for a domestic contract (in writing, signed, and witnessed), a support term can generally be filed with the court for enforcement without a separate order. Many people still have a lawyer review a proposed agreement before signing. Read more about negotiating a separation agreement.

Spousal Support and Divorce

Spousal support is one of several issues, sometimes called "corollary relief," that can be requested alongside a divorce application, together with parenting arrangements and child support. It is not automatic — an uncontested simple or joint divorce often asks only for the divorce itself, with support already resolved separately, while a contested divorce more often includes a support claim. Getting divorced does not, on its own, end an existing spousal support obligation; that generally requires a new agreement or a further court order. Read more about how the divorce process works in Ontario.

Temporary (Interim) vs. Final Spousal Support

Spousal support can be ordered on a temporary (interim) basis while a case is ongoing, or as a final resolution once the matter is fully resolved by agreement or trial. Interim support is meant to maintain a reasonable status quo and address immediate need, often based on limited financial information available early on. It is generally not treated as a final determination, and a later final order or agreement can differ from an interim one once more complete financial disclosure is available.

Changing Spousal Support Later

A spousal support amount that was reasonable when ordered or agreed to is not necessarily fixed forever. Either party can generally ask to change (vary) an existing order or agreement where there has been a material change in circumstances — for example, a significant and lasting change in either spouse's income, a new relationship, retirement, or a change in health. Whether a change can be made, and on what terms, depends on the wording of the original order or agreement. Read more about changing spousal or child support.

Enforcing Spousal Support

A spousal support order or filed agreement is only useful if it is actually paid. In Ontario, court-ordered support is generally filed automatically with the Family Responsibility Office (FRO), the provincial agency responsible for collecting and enforcing support payments. Where a payor falls behind, the FRO can use tools including garnishing wages, bank accounts, and certain government payments, and reporting defaults that can affect a payor's driver's licence or passport eligibility. Read more about enforcing a support order in Ontario.

Tax Treatment of Spousal Support

Historically, Canadian tax law has treated periodic (ongoing) spousal support payments differently from a lump sum: periodic support under a written agreement or court order has generally been deductible to the payor and taxable to the recipient, while a lump-sum payment has often not been treated the same way. Tax rules can change, and this page does not provide tax advice — confirm the current treatment with the CRA or an accountant before finalizing an arrangement.

A General Step-by-Step Pathway to Sorting Out Spousal Support

This is a general outline. Your own steps may vary depending on your situation.

  1. Confirm which law applies

    Married spouses generally have access to both the Divorce Act and the Family Law Act; common-law partners must confirm they meet the Family Law Act's "spouse" definition first.

  2. Gather financial disclosure

    Income, expenses, assets, and debts for both partners.

  3. Identify the basis for a claim

    Consider whether compensatory, non-compensatory, or contractual factors apply.

  4. Get an informed sense of a possible range

    Many people use the SSAG, generally with professional or software help, as an advisory starting point for negotiation.

  5. Try to negotiate an agreement

    Directly, through lawyers, or through family mediation, before turning to court.

  6. Put any agreement in writing

    As a properly executed separation agreement, so it can later be filed and enforced.

  7. Go to court if needed

    Either spouse can ask a court to decide the issue as part of a family court case or divorce application.

  8. Revisit the arrangement if circumstances change

    Through a further agreement or a variation application.

Common Mistakes and Misunderstandings About Spousal Support

  • Assuming spousal support is automatic just because a couple was married or lived together
  • Treating the SSAG as a binding formula rather than an advisory tool
  • Confusing the "spouse" definition used for support with the different one used for property
  • Overlooking that child support and spousal support are calculated differently and can interact
  • Assuming a separation agreement is enforceable without meeting basic formal requirements
  • Ignoring a material change in circumstances, or a support order, until enforcement begins

Frequently Asked Questions

Is spousal support automatic when a couple separates in Ontario?

No. It has to be established either through a court order under the Divorce Act or Family Law Act, or through a separation agreement the couple negotiates themselves.

How long does spousal support last?

There is no fixed answer. Duration depends on the length of the relationship, the roles each partner took on, and the goal of eventual self-sufficiency where reasonable. The advisory guidelines can help estimate a general range, but a court can depart from them. See Factors That Can Affect Amount and Duration.

Can common-law partners get spousal support in Ontario?

Often, yes. Ontario's Family Law Act generally extends eligibility to common-law partners meeting its definition of "spouse" for support purposes, which is broader than the one used for dividing property. Confirm the current wording before assuming you do or do not qualify. See Who Can Apply for Spousal Support in Ontario?

Is spousal support the same thing as alimony?

Yes, in everyday use. "Alimony" is an older informal term many people still search for, but Canadian and Ontario family law does not use that word — the correct legal term today is spousal support.

Is spousal support taxable?

Historically, periodic support paid under a written agreement or court order has generally been taxable to the recipient and deductible to the payor, while lump-sum payments have often been treated differently. Confirm the current treatment with the CRA or an accountant before finalizing an arrangement. See Tax Treatment of Spousal Support.

Can spousal support be changed later if income changes?

Generally, yes. Either spouse can typically ask to vary an existing order or agreement where there has been a material change in circumstances, such as a lasting change in income. What qualifies depends on the specific order or agreement. See Changing Spousal Support Later.

What happens if the recipient remarries or starts a new relationship?

It depends on the circumstances and the wording of the order or agreement. A new relationship can be a relevant material change, but it does not automatically end support, particularly where the original basis was compensatory rather than needs-based.

Are the Spousal Support Advisory Guidelines a legal requirement?

No. The SSAG are advisory only. They have never been passed into legislation, are not binding on any court, and their use is voluntary, though widely referenced by lawyers, mediators, and judges. See The Spousal Support Advisory Guidelines (SSAG).

What is the difference between spousal support and child support?

Child support belongs to the child and is based primarily on the paying parent's income under a set table amount. Spousal support addresses the financial relationship between the adults and depends on entitlement, income disparity, and relationship length. See Spousal Support and Child Support Together.

Do I need to go to court to get spousal support?

Not necessarily. Many couples negotiate support directly, or through lawyers or mediation, and record it in a separation agreement. Court is generally needed only where the couple cannot agree. See Spousal Support in a Separation Agreement.

Which law governs spousal support in Ontario: the Divorce Act or the Family Law Act?

It depends on the relationship. Divorcing spouses can seek support under the federal Divorce Act. Married spouses not divorcing, and eligible common-law partners, generally rely on Ontario's Family Law Act instead.

What is the difference between interim and final spousal support?

Interim (temporary) support is ordered while a case is still ongoing, based on limited information. Final support is the resolution reached once the matter is fully resolved, and can differ from an interim order. See Temporary (Interim) vs. Final Spousal Support.

What happens if a spouse doesn't pay court-ordered spousal support?

Court-ordered support is generally filed automatically with the Family Responsibility Office, which can garnish wages or bank accounts, and report defaults that can affect a payor's driver's licence or passport, to enforce payment. See Enforcing Spousal Support.

Can spousal support be included in a separation agreement instead of a court order?

Yes. A validly executed separation agreement can set out support terms, and provided it meets the formal requirements for a domestic contract, it can generally be filed with the court for enforcement purposes without a separate order.

Is there a fixed formula for calculating spousal support amounts?

No. There is no government-mandated formula. The Spousal Support Advisory Guidelines offer an advisory range based on several inputs, but they are not legislated, are not binding, and a court can depart from them where the facts justify it.