Are you looking for help with spousal support in Ontario? When you were in a long-term relationship, you likely saw that bond as based on love and commitment.

While that may have been true, the law sees marriage as a financial partnership. That’s the basis for the guidelines that surround spousal support when a relationship ends.

For many reasons, the end of a relationship means one partner is less well-off than the other. Often, there is one person who will exit the marriage or partnership with a greater capacity to take care of themselves as a single person.

Understanding Spousal Support Basics in Ontario

An example is when one partner has stayed home to take care of children while the other has continued to work, or one partner has financed the other’s education while they took time out of the workforce.

Spousal support is intended to prevent someone from experiencing financial hardship after divorce or separation.

It does not presume an indefinite relationship of dependence on the former partner. The idea is that one partner may receive a lump sum or series of payments in order to help achieve self-sufficiency.

How long is it typically ordered?

Spousal support is typically ordered for a specific period of time, rather than indefinitely. The length of the spousal support order will depend on various factors, such as the length of the marriage or common-law relationship, the age and health of the parties, and the income and earning potential of each party.

For shorter marriages or common-law relationships, spousal support may be ordered for a shorter period of time, such as a few years. This is because the court recognizes that in these cases, it is less likely that one party will be dependent on the other party for a significant period of time.

In longer marriages or common-law relationships, spousal support may be ordered for a longer period of time. This is because the court recognizes that in these cases, one party may be more dependent on the other party for a longer period of time.

Factors Determining Spousal Support Amounts

The court will also consider the income and earning potential of each party when determining the length of the spousal support order.

If one party has a high income and earning potential, the court may order a shorter period of support. On the other hand, if one party has a low income and earning potential, the court may order a longer period of support to provide them with the necessary financial support.

It’s important to note that the spousal support order can be reviewed and modified as circumstances change, such as a change in income, employment or living situation.

The court also provides the option of “indefinite spousal support” in certain cases, where the dependant spouse will not be able to support themselves in the future.

Can spousal support be ordered on a temporary basis?

Enforcing and modifying spousal support orders in Ontario can be a complex process, as it involves both legal and financial considerations.

When it comes to enforcing a spousal support order, the court has the power to take various enforcement measures if one party fails to comply with the order. This may include garnishing wages, seizing assets, or even holding the non-compliant party in contempt of court.

If the paying party is unable to make the payments as ordered, they can also apply to the court to vary or change the order. The court will consider the change in circumstances and financial situation of both parties before making a decision.

Duration of Spousal Support: Temporary vs. Permanent

The court may also modify the spousal support order if the receiving party’s circumstances change, such as if they remarry or cohabit with a new partner.

It’s important to note that both parties have the right to apply to the court to change a spousal support order, either to increase or decrease the amount of support.

The court will consider various factors, such as the length of the marriage or common-law relationship, the age and health of the parties, and the income and earning potential of each party.

In certain cases, the court may also terminate the spousal support order if it determines that the receiving party is no longer in need of support.

It’s also important to note that it’s always advisable to seek legal advice before attempting to enforce or modify a spousal support order in Ontario, as the process can be quite complex.

Spousal support after divorce

Unlike child support, spousal support is not automatic. The amount and frequency of payments do not follow a set formula, only general guidelines.

However, because consistency is essential to the Ontario legal system, spousal support lawyers are expected to propose solutions that are in line with comparable divorce cases in the province.

Lawyers in Ontario often speak of three different kinds of spousal support. These distinctions are the result of the different reasons money is considered “owed” from one spouse to another. Since finances become intermeshed during a marriage or relationship, one spouse may leave with less money.

Non-compensatory support is making up for this inequality. Couples can always agree to a certain payment arrangement as a matter of private contract. It may be initiated at the time of separation or divorce, or be already agreed upon as part of a postnuptial or prenuptial agreement. 

Grounds for Spousal Support

Because spousal support is not guaranteed to either spouse, your family lawyer will have to make a case that you are entitled to money from your former partner. This is the case regardless of whether or not you were legally married. Specifically, you must say how much you need to meet your needs.

Your needs can be defined as what you need to prevent financial hardship or to become self-sufficient. The decision-maker, be it a judge or a family law mediator, will also take into account how much your former spouse is able to pay.

It is common as well for the judge to look at such factors as the length of the marriage and the existence of any family law contracts that speak to spousal support.

Former partners remarry

Once a spousal support arrangement is in place, it may not go on indefinitely. There are certain factors that can lead to the reassessment or ceasing of spousal support.

One big change is if one, or both, former partners remarry. However, regardless of the situation, there is no hard and fast rule for what happens in this circumstance, only probabilities.

If the paying spouse gets remarried, there is usually no grounds to reduce or reassess the spousal support amount. Payments would likely continue according to the plan already agreed to in the common law separation or divorce settlement.

Even if the payor’s ability to make payments increases after the new marriage, it will usually not lead to a reassessment of the spousal support agreement.

Spousal support calculators

However, if the receiving spouse gets remarried, this can affect the spousal support arrangement.

Although the individual circumstances will weigh heavily on the final result, it would not be unexpected for spousal support to be reduced or terminated upon the recipient’s remarriage. However, a lot depends on the difference in the standard of living before and after entry into the new relationship.

It is important to note that the guidelines surrounding remarriage also apply to partners, in other words, if either spouse enters into another long-term, or marriage-like, relationship.

Increasingly, the law has blurred the distinctions between legal marriages and stable common-law relationships.  

Ending a relationship is never easy, but an Ontario spousal support lawyer can help you assess your current and future financial needs. To be sure, the rules are complicated and you may have only a limited understanding of your rights and obligations.

Together, you and your Clearway lawyer can come up with a plan of action to move on to the next phase of your life.

Who is eligible for spousal support?

Married and unmarried (common-law) spouses are eligible to receive spousal support. Persons who were never married must have lived together as a couple: for a period of at least 3 years, or cohabitated in a relationship of “some permanence” and are natural or adoptive parents of a child.

Spousal support in Ontario can range from six months to one year for each year of marriage. The support becomes indefinite if the marriage is 20 years or longer in duration.

Spousal support also becomes indefinite if the marriage lasted for five or more years and the years of marriage and age of the support recipient at separation total 65 or more – this is termed the rule of 65.

This illustrates the reduced earning capability of separating parties as they near retirement age.

What Is Family Responsibility Office Support?

The Family Responsibility Office (FRO) is a provincial government office with the power to enforce spousal support. Support orders are automatically filed with the FRO by the court. When a former spouse or partner is not making spousal support the FRO imposes various methods to collect unpaid support from the payor.

For instance, they may take money from a payor’s bank account, or garnish a portion of a joint bank account that the payor has with another person. Moreover, FRO may also send caution to the payor by suspending their driver’s licence, reporting the payor to credit bureaus and cancelling their passports.

Is spousal support taxable?

Generally, spousal support is viewed as taxable income for the recipient and as a tax deduction for the payor. However, certain criteria must be met for spousal support payments to be deemed taxable and deductible.

Spousal support must be paid on a regular basis, written in a court order or separation agreement, and paid to the former spouse. If spousal support is paid in the form of a lump sum (all at once) is not taxable for the recipient or deductible for the payor.

The lawyers often get asked if it is required to have a lawyer for child support and spousal support. We always suggest at minimum booking a consultation with a family lawyer before signing any documents.

Advisory Guidelines

Even though it is possible to sign or agree on spousal support without a lawyer, it is important that both parties understand their rights and obligations.

Spousal support in Ontario is an accepted part of divorce negotiations for married couples. However, common-law couples can also claim common-law spousal support as long as they meet certain criteria.

An Ontario couple must have been living together for three years, or alternatively, have a child together and be living together in a serious relationship.