The Common Sense Guide to:
Spousal Support In Ontario
Am I Entitled To Spousal Support?
Financially Smart Divorce Strategies
Spousal Support Entitlement in Ontario
In Ontario, the law views marriage as a financial partnership. When that partnership breaks down, the spouse with more income or assets may be required to pay support to the other spouse in order to equalize the financial situation resulting from the breakup of that partnership.
In Ontario, “Alimony” is Called “Spousal Support”
In Ontario, this support is referred to as spousal support. “Alimony” is the American term for spousal support, and we do not use the word “alimony” in Ontario. Your Separation Agreement will specify whether spousal support will be paid from one spouse to the other, and if so, how much, when, and for how long.
How is Spousal Support Calculated?
The law considers several factors when determining the amount of spousal support and the length of time it should be paid, including how much support the requesting spouse needs to meet their needs and how much the other spouse can afford to pay. You can find a spousal support calculator, but the numbers may vary based on the specifics of the situation.
A person may claim spousal support long-term to avoid serious financial hardship or short-term to help them become financially self-sufficient.
If spousal support claims are waived, it is crucial that your Separation Agreement is properly prepared to ensure that this waiver is binding and remains enforceable in the future.
A professionally prepared Separation Agreement will not only include such waivers with the appropriate legal language but will also explain why the waiver is included (for example, in exchange for a larger share of the matrimonial home or other assets in the property division).
Spousal support isn’t about giving anyone a free ride —it’s about helping both spouses stand on their own two feet after the split.
You shouldn’t be left struggling, and neither should your ex.
The Common Sense Divorce will help you sort out the details so that an agreement works for everyone involved and avoids future headaches – focusing on what really matters—keeping your family’s stability intact.
For more than 25 years you have witnessed Gail Vaz-Oxlade‘s trademark straight-up money wisdom, both on Radio and Television, most notably as host of TVs Till Debt Do Us Part, Princess and Money Moron. Gail is a best-selling Canadian financial author.
Spousal support isn’t about giving anyone a free ride —it’s about helping both spouses stand on their own two feet after the split.
You shouldn’t be left struggling, and neither should your ex.
The Common Sense Divorce will help you sort out the details so that an agreement works for everyone involved and avoids future headaches – focusing on what really matters—keeping your family’s stability intact.
What Do I Need To Know About Spousal Support?
Avoid costly mistakes—know your rights and responsibilities in Ontario. Move forward with a solid plan! Answer a few quick questions and instantly receive your FREE Ontario Divorce Plan specific to your situation. Start now and take control of your future!
Spousal support is a reality in most divorces and needs to be addressed one way or another. It is one area that you don't muck up... it needs to be dealt with properly. Even if you are both deciding to waive on spousal support, you want to make sure that this is PROPERLY captured in your Separation Agreement as it can be revisited by your EX and reopened for YEARS to come... if it is not handled correctly!
AM I ENTITLED TO SPOUSAL SUPPORT?
Often we are asked if someone is ‘entitled’ to Spousal Support. The easy answer is typically, “Sure.”
Am I Entitled to Spousal Support?
If you stayed at home while your spouse worked, if your income is substantially lower than your spouse’s, or if you were married for many years and have become dependent on your spouse’s income, you may be entitled to spousal support.
However, ‘entitled’ does not guarantee that you will receive it. ‘Entitled’ means you must engage a lawyer, pay the retainer, take the matter to court, justify your claims, get a judge to rule on it, have that ruling enforced, and then, finally, ensure that your spouse pays it. Only a judge can order that your entitlements be paid.
Is Spousal Support Automatic?
It’s important to understand that spousal support is not an automatic right when you divorce in Ontario. For common-law couples, you are never considered legally married in the province of Ontario, and typical spousal support does not apply.
Will I Get Support If I Was a Stay-at-Home Parent?
If you are legally married, spousal support is calculated using a support calculator. The calculator will generate a support range. It’s likely one side will aim for the high range, and the other side will aim for the low end. Negotiate, negotiate, negotiate!
Do Women Pay Spousal Support to Men?
Regardless of your gender, the rule of thumb is that if one spouse has a higher income than the other, if there is a significant difference in incomes, or if one spouse stayed at home to care for the children, spousal support will typically apply to your situation. If you and your spouse cannot negotiate or agree on spousal support, it will need to be addressed by a judge.
How to Avoid A Messy Divorce
Seriously consider mediation before lawyer litigation
If at all possible, stay out of the Family Courts
Gather and organize your financial documents
Do your homework, understand how divorce works in Ontario
Spousal Support and Your Income
The law views marriage as a full financial partnership, meaning there is no such thing as your income and your spouse’s income. There is only the combined and shared household income that you both contributed to as a couple.
After you separate, you or your spouse may be required to continue sharing your income for a period of time until both of you can be expected to become financially independent.
What is the Purpose of Spousal Support?
Spousal support is meant to acknowledge the importance of the individual roles each of you assumed during the marriage, recognize how you both contributed to the combined finances of your marriage, and balance out any unfair financial hardships your divorce may cause if one spouse earns significantly more than the other.
Even though you may receive spousal support, this does not mean you won’t need to learn to support yourself, as the law expects you to look after your own needs to the best of your abilities.
"Spousal Support has room to be negotiable."
This does not mean that there is not a time and a place to take a belligerent spouse to court over Spousal Support, but it does mean that there is an awful lot of room to be creative when you are still able to negotiate.
What It Means When Your Spouse Suggests Mediation
- Mediation is typically cheaper than lawyers or the courts
- Mediation tends to be the faster divorce process
- The courts will require you to consider mediation first
- Mediation has an excellent success rate
Isn’t "More Spousal Support" Better?
Use financial wisdom and money-savvy as you negotiate spousal support—more (or less) is not necessarily better. Always remember that spousal support can be a double-edged sword, and there are tax, benefits, and mortgage implications attached to the amount of spousal support that is paid or received.
Spousal support should always be properly calculated and clearly understood by both you and your spouse, even if one of you chooses to decline spousal support.
You have various options for receiving support, such as a one-time lump sum or regular monthly payments spread over several years. Each option has very different financial, legal, and emotional implications.
AM I ENTITLED TO SPOUSAL SUPPORT?
Be aware, in Canada, you may not be able to qualify for a mortgage if spousal support makes up greater than 30% of your income.
Lenders will require you to have other verifiable income sources that make up at least 70% of your total income before they will accept your loan application.
If you intend to purchase a new matrimonial home or refinance the existing matrimonial home, ensure that your spousal support will be considered qualifying income before you finalize your Separation Agreement.
This version keeps the information clear and practical while ensuring the content is written in Canadian English, providing a comprehensive overview of spousal support in Ontario.
CREATING A NEW FUTURE?
Choose the RIGHT solution!
Do you want to understand how Online Mediation can work for you? Book a free JOINT TELEPHONE CONSULT for you and your Spouse. We will gladly explain the entire process and its benefits.