Am I entitled to spousal support in Ontario?
Spousal support entitlement is not automatic. You must first show you are entitled to it, usually because the breakdown of relationship leaves you economically disadvantaged, or because you need support and your former spouse has means to pay. If you are entitled, the Spousal Support Advisory Guidelines suggest a range for the amount and how long it lasts, based on income, the length of the relationship and whether there are children.
Key points
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Entitlement comes first; the amount comes second.
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Married spouses may claim under the Divorce Act; common-law partners can claim under Ontario's Family Law Act if they qualify.
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Misconduct, such as an affair, does not affect spousal support.
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Child support comes first when there is not enough money for both.
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The Guidelines give ranges, not fixed amounts, and they are advisory rather than law.
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Spousal support can be paid as a lump sum, usually, as a part of a bigger settlement.
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Married and common-law spouses
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Married spouses can claim under the Divorce Act if divorcing, or under the Family Law Act otherwise.
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Common-law partners can claim under the Family Law Act if they lived together continuously for at least three years or were in a relationship of some permanence and they are parents of a child.
On what grounds is support awarded?
Courts recognize three grounds for entitlement to spousal support, set out by the Supreme Court of Canada in Bracklow v. Bracklow, 1999:
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Compensatory: One spouse gave up or slowed their career to care for children or the home, or supported the other spouse’s career or business
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Needs-based (non-compensatory): One spouse cannot meet their reasonable needs after separation, even without a career sacrifice
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Contractual: A marriage contract or separation agreement provides for support
What the court considers
The court looks at each spouse's condition, means, needs and other circumstances, including how long they lived together, the roles each played in the family, and any existing agreement. An order should:
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recognize economic advantages or disadvantages arising from the marriage or its breakdown;
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share the financial consequences of caring for the children;
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relieve economic hardship caused by the breakdown; and
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as far as practical, promote each spouse's self-sufficiency within a reasonable time.
How much spousal support, and for how long?
Once entitlement is shown, Ontario courts and lawyers use the federal Spousal Support Advisory Guidelines (SSAG) to estimate a range. They do not decide entitlement, and a court can depart from them. There are two formulas for calculation.
1. Without child support
Used when there is no child support being paid, for example no children or adult children:
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Amount: 1.5% to 2% of the difference in gross incomes for each year of cohabitation, up to a cap.
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Duration: half a year of payments to one year for each year of cohabitation.
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Indefinite: if the relationship lasted 20 years or more, or lasted at least 5 years and the recipient's age at separation plus the years together equals 65 or more (the "rule of 65").
2. With child support
When child support is also payable, the SSAG works from each household's net disposable income after child support, and generally leaves the recipient household with 40% to 46% of the combined net disposable income. These calculations are completed with specialized software, which is one reason lawyers use specialized programs.
3. Where the result lands in the range
Factors include the strength of a compensatory claim, the recipient's needs, the age and number of children, the payer's ability to pay, and any property division. Support can be paid monthly, as a lump sum, or both.
When can spousal support be changed or stop?
A court can vary a spousal support order when there has been a material change in circumstances since it was made, such as a job loss, retirement or the recipient becoming self-sufficient. If child support was given priority and spousal support was reduced as a result, a later drop in child support counts as a change.
Support ends when an order or agreement says it does, or when a court terminates it. It does not end automatically when the recipient starts a new relationship, though that can be a ground for variation of spousal support. Agreements often contain a review date clause.
Is spousal support taxable?
Periodic payments made under a court order or written agreement are generally taxable to the recipient and deductible by the payer. Lump-sum payments generally are not. Because of this, the after-tax cost to the payer is lower than the gross amount.
From practice
Hypothetical example. Any resemblance to a real case is coincidental.
Grace, 52, left her nursing career to raise three children, now adults, and support her husband's medical practice. After 24 years of marriage, she works part-time and earns $30,000; he earns $250,000.
In a case like this, the compensatory claim is strong, and a marriage of more than 20 years points to support of indefinite duration under the SSAG. That does not mean forever at the same amount, however. A well-drafted order or agreement sets out what Grace is expected to do to increase her income and when support will be reviewed, which gives both of them a clearer path.
Frequently asked questions
Do I pay spousal support after a short marriage? Sometimes, but usually less and for a shorter time.
Can we waive spousal support? Yes, in a properly drafted domestic contract, though a court can override a waiver in limited circumstances, such as unconscionability.
Is there an online calculator? Tools exist, but results depend on correct income figures and the right formula. Treat them as a starting point.
Talk to a family lawyer about spousal support
Start with a free 15-minute call to talk through your situation and the next step. From there, we can work out the right income figure, the likely table amount and which extra expenses apply. We can calculate support, negotiate it, or ask the court to set or change it.
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A free 15-minute phone call to talk through your situation and the next step
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By phone, by video or in person at 5200 Yonge Street, Suite 200, North York
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Flat-fee, limited-scope and Legal Aid Ontario certificate work available
Book a free 15-minute call about spousal support · Call 416-858-1320
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Anton Mostovoy, lawyer, licensed by the Law Society of Ontario. Last reviewed: October 12, 2026
This page is general information about Ontario and federal law, not legal advice. Reading it or contacting us does not create a lawyer-client relationship. Laws and court fees change; check the date above.