Spousal support is money one spouse pays to the other after separation. It is not automatic. The first question is whether there is a right to support at all, and only then how much and for how long. Law Wise acts for people who expect to pay support and for people who expect to receive it, based in Mississauga and serving the entire GTA and Ontario.
Who can claim spousal support in Ontario
Married spouses can claim support under the federal Divorce Act as part of a divorce, or under Ontario’s Family Law Act. Unmarried (common-law) partners can claim under the Family Law Act if they:
- lived together continuously for at least three years; or
- are in a relationship of some permanence and are the parents of a child.
Alimony is an older word for the same thing. Ontario and federal law use the word support. Because unmarried partners do not share property under Ontario’s equalization rules, support is often the main financial question when a long common-law relationship ends.
Entitlement comes first
A difference in incomes does not, by itself, create a right to spousal support. Courts recognise three kinds of claim:
- Compensatory. One spouse’s ability to earn suffered, or the other’s improved, because of the roles they took on during the relationship. A common example is leaving work to raise children.
- Needs-based. One spouse cannot meet reasonable needs after the breakdown of a relationship in which the spouses depended on each other financially. This is also called non-compensatory support.
- Contractual. The spouses agreed on support in a marriage contract, cohabitation agreement or separation agreement.
Under the Divorce Act, a spousal support order should:
- recognise the economic advantages or disadvantages to each spouse arising from the marriage or its breakdown
- share the financial consequences of caring for the children, over and above child support
- relieve economic hardship arising from the breakdown of the marriage
- as far as practicable, promote each spouse’s economic self-sufficiency within a reasonable time
The court looks at the condition, means, needs and other circumstances of each spouse, including how long they lived together, the roles each performed, and any order or agreement about support. The Family Law Act lists similar factors, among them each person’s age and health, the standard of living while the couple lived together, and each person’s capacity to contribute to their own support.
How much and for how long: the Spousal Support Advisory Guidelines
The Spousal Support Advisory Guidelines suggest ranges for the amount and the duration of support. They are not law, and they do not decide whether a spouse is entitled to support. Judges often base their decisions on them all the same, and lawyers use them when negotiating agreements.
The advisory guidelines use two formulas, one for cases where child support is also payable and one for cases where it is not. The main inputs are the spouses’ incomes and the length of the relationship. Because of the tax calculations involved, the figures are normally produced with specialised software. Where a case should fall within the range, and whether it is an exception to the ranges altogether, depends on the facts.
A court can order support as periodic payments, as a lump sum, or both. The order can run for a definite or an indefinite period, or until a specified event.
Child support comes first
Where a court is dealing with claims for both child support and spousal support, the Divorce Act requires it to give priority to child support. If that leaves less room for spousal support, the court records its reasons, and spousal support can be looked at again when child support ends or is reduced.
Spousal support and income tax
Periodic spousal support paid under a court order or written agreement is generally deducted from the payer’s income and included in the recipient’s income. The Canada Revenue Agency’s conditions include that the spouses are living separate and apart because of the breakdown of the relationship, and that the order or agreement sets a specific amount payable on a periodic basis. Lump-sum payments are generally treated differently. Child support under orders or agreements made after April 1997 is neither deducted nor included in income. Ask an accountant how these rules apply to you.
Changing or ending spousal support
A court can change a spousal support order if there has been a change in the condition, means, needs or other circumstances of either former spouse since the order was made. Retirement, the loss of a job, serious illness, the recipient becoming self-supporting and a new relationship can all be relevant. None of them ends support automatically.
Support set in an agreement follows the agreement’s own terms about review and change. A court can set aside a support term, or a waiver of support, in limited cases, for example where it results in unconscionable circumstances. See separation agreements.
Is there a deadline to claim spousal support?
There is no limitation period for a proceeding to obtain support under the Family Law Act, and the Divorce Act does not set one for a spousal support claim. Delay can still make a claim harder to prove. Claims about property are different and do have deadlines: see property division.
This comes from section 16(1)(c) of the Limitations Act, 2002, SO 2002, c 24, Sched B, as it read on 10 October 2026.
How Law Wise helps with spousal support
- assessing whether there is entitlement and on what basis
- calculating the advisory guideline ranges and explaining where your case may fall
- gathering and reviewing income and financial disclosure
- negotiating support and recording it in a separation agreement
- asking the court for support, or responding to a claim
- asking the court to change or end support when circumstances change
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about spousal support
How long do you have to be married to get spousal support?
There is no minimum for married spouses. The length of the marriage affects the amount and the duration, not the right to ask. Unmarried partners must have lived together continuously for at least three years, or be in a relationship of some permanence and have a child together.
Does adultery affect spousal support?
Under the Divorce Act, the court does not consider a spouse’s misconduct in relation to the marriage. Under the Family Law Act, the obligation to support a spouse exists without regard to conduct, although the court may consider conduct so unconscionable that it amounts to an obvious and gross repudiation of the relationship when it sets the amount.
Is spousal support taxable?
Periodic spousal support paid under a written agreement or court order is generally included in the recipient’s income and deducted by the payer. Lump sums are generally treated differently.
Does spousal support end if my former spouse has a new partner?
Not automatically. A new relationship can be a change in circumstances that affects need, and a court can take it into account, but the result depends on why support was ordered in the first place.
Can we agree that no spousal support will be paid?
Yes. Spouses can release support in a properly made agreement, with financial disclosure and independent legal advice on both sides. A court can still set aside a waiver in limited cases, for example where it results in unconscionable circumstances.
Is spousal support the same as alimony?
Yes. Alimony is the older word, still used in other countries. Canadian statutes use spousal support.
Speak with a family lawyer about spousal support
Your first consultation is free for 15 minutes, by appointment. Call us or send a message, and bring recent tax returns and any existing order or agreement.
This page is general legal information for Ontario, current as of 10 October 2026. It is not legal advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.