Spousal Support

Spousal Support in Ontario

Spousal support is money paid by one partner to the other after they separate or divorce — almost always by the partner with the higher income to the partner with the lower income. For couples facing divorce or separation, the amount they will receive or need to provide is a top concern.

The Court may order spousal support under either the Family Law Act or the Divorce Act. Both statutes set out criteria to guide the court in its award.

The federal Divorce Act sets out spousal support rules for married couples who divorce — these apply across Canada. Provincial laws set out rules for unmarried common-law couples and for married couples who separate without divorcing.

The Three Key Questions: Entitlement, Quantum, and Duration

The three most difficult questions in spousal support are entitlement (whether support should be paid at all), quantum (how much), and duration (for how long). Support is awarded based on several factors, including:

• The education and employment skills of both spouses
• Respective incomes of the parties
• Physical and emotional condition of the spouse seeking support
• Standard of living during the relationship
• The duration of the marriage or cohabitation
• The ability of the supporting spouse to meet their own needs
• The functions each spouse performed during the relationship
• The ages of both parties and ability to become self-sufficient

Spousal Support Advisory Guidelines (SSAG)

Although the statutes set out criteria, there is no set formula. There are, however, non-binding Spousal Support Advisory Guidelines (SSAGs) that judges and legal professionals use to determine appropriate ranges for amount and duration. Anna Boulman will explain how the SSAGs apply to your specific situation.

Purposes of Spousal Support

Judges must consider whether spousal support meets the following purposes:

• To compensate the lower-income spouse for sacrificing earning power during the marriage
• To compensate for ongoing care of children after separation
• To help a spouse in financial need where the other spouse has ability to pay

At the same time, the spouse receiving support has an obligation to work toward self-sufficiency where reasonable.