Spousal support
Entitlement comes first, then the SSAG ranges for amount and duration.
Spousal support works in two stages, and people often skip the first. Stage one is entitlement. Stage two is amount and duration. There is no entitlement just because a marriage ended. You have to fit one of three grounds.
Compensatory support addresses an economic disadvantage from the marriage or its breakdown, for example a spouse who left the workforce to raise children. Non-compensatory support is needs-based, where one spouse cannot meet reasonable needs after separation. Contractual support arises where a marriage contract or separation agreement provides for it. Spousal support comes from the Divorce Act for married spouses and the Family Law Act for both married and unmarried partners who qualify.
Only once entitlement is established do you reach amount and duration. Here the Spousal Support Advisory Guidelines (SSAG) come in. The SSAG are not law and a judge is not bound by them, but they are used in nearly every case to produce a range for how much and for how long, driven by income difference and length of relationship.
Spousal support is more discretionary than child support. Two similar cases can land in different places. Our free spousal support estimator gives a starting range.
How Ryan helps: Ryan assesses entitlement first, then runs the SSAG ranges, so you get a realistic read before deciding how to proceed. The first consultation is free.
Frequently asked questions
Who qualifies for spousal support in Ontario?
Entitlement comes first, then amount. Under the Family Law Act and the Divorce Act, you may be entitled if you were financially dependent, if your marriage or relationship affected your earning ability, or if there was a clear economic disadvantage from the relationship or its breakdown. Entitlement is not automatic.
How much spousal support will I pay or receive in Ontario?
Courts use the Spousal Support Advisory Guidelines to estimate ranges for amount and duration based on incomes, length of the relationship, and whether child support is also paid. The Guidelines are advisory, not law, so a judge has discretion. The numbers give a realistic starting point for negotiation.
Do common-law partners get spousal support in Ontario?
Yes. Under the Family Law Act, common-law partners may claim spousal support if they cohabited continuously for at least three years, or had a child together and were in a relationship of some permanence. The support analysis is the same as for married spouses; only property rights differ.
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