Spousal Support in Ontario: How It Works

When Is Spousal Support Payable?

Spousal support (also called alimony) may be payable when a marriage or qualifying common-law relationship ends, and one spouse has a significantly lower income or earning capacity than the other. The obligation to pay spousal support is based on one or more of three legal foundations: compensatory support (compensating a spouse who made sacrifices during the relationship), contractual support (agreed upon in a marriage contract or separation agreement), and non-compensatory/needs-based support.

Who Qualifies for Spousal Support?

Under the Divorce Act (for married couples) and the Family Law Act (for qualifying common-law partners), either spouse may claim spousal support. Courts consider: the length of the relationship, the roles each party played, economic advantages or disadvantages arising from the relationship, economic hardship from the breakdown, and the promotion of economic self-sufficiency within a reasonable time.

The Spousal Support Advisory Guidelines (SSAG)

The Spousal Support Advisory Guidelines (SSAG) are a non-binding framework used by Ontario lawyers and courts to calculate a range for the amount and duration of spousal support. The SSAG produce a "range" of monthly amounts and a "range" of duration based primarily on the parties' incomes, the length of the relationship, and whether there are children. Courts frequently use this range as a starting point.

Duration of Spousal Support

The duration depends on the length of the relationship and other factors. The SSAG formula for marriages without children: duration is typically 0.5 to 1 year of support for every year of marriage. Marriages of 20+ years often qualify for indefinite support.

Varying Spousal Support

Spousal support orders and agreements can be varied when there is a material change in circumstances — for example, the recipient begins earning significantly more, the payor loses their job, or either party remarries or forms a new conjugal relationship.