Spousal Support in Ontario 2025: Calculation, Duration & Legal Rights

Spousal support is financial assistance paid by one spouse to the other after separation or divorce. The purpose of spousal support is to: recognize the economic advantages and disadvantages that flow from the marriage or its breakdown, relieve financial hardship caused by the marriage breakdown, and encourage spouses to become self-sufficient (where possible).

Spousal support is different from child support. Child support is a right of the child and is calculated using specific guidelines. Spousal support is more flexible and depends on many factors unique to each situation.

Not everyone is entitled to spousal support. Entitlement depends on the specific circumstances of the relationship and separation.

Under Ontario law, a spouse may be entitled to support if: they experience economic hardship as a result of the marriage or its breakdown, they took on primary childcare responsibilities during the marriage, they sacrificed career opportunities for the benefit of the family, there is a significant disparity in income between spouses, or they made contributions to the other spouse's career or education.

Courts recognize three bases for spousal support entitlement: Compensatory support - compensates a spouse for economic disadvantages from the marriage (e.g., career sacrifices to raise children), Non-compensatory support - addresses an ongoing need for financial assistance, and Contractual support - based on terms of a marriage contract or separation agreement.

The length of the relationship is a significant factor. Longer marriages are more likely to result in spousal support obligations. Common-law relationships can also give rise to spousal support obligations after three years of cohabitation (or less if there are children).

Ontario courts typically use the Spousal Support Advisory Guidelines (SSAG) to calculate support amounts and duration. While not law, judges use the SSAG as a starting point in most cases. The SSAG provides a range of support amounts and durations based on: spouses' incomes, length of cohabitation, age of the parties, and whether there are dependent children.

There are two SSAG formulas: With Child Support Formula - used when there are dependent children, and Without Child Support Formula - used for childless couples or when children are no longer dependent.

The SSAG provides a range (low, mid, and high) for both amount and duration of support. Where you fall within this range depends on factors like: strength of entitlement, ability to pay, needs of the recipient, and any special circumstances.

Important: The SSAG is only a guideline. Courts can deviate from SSAG ranges when the circumstances warrant it. Factors that might lead to deviation include: special needs or circumstances, property division, short-term need for retraining, or economic hardship on the payor.

The duration of spousal support depends on many factors, including: length of the marriage, age of the recipient, recipient's ability to become self-sufficient, and presence of children.

Common duration scenarios: Short marriages (under 5 years) - typically 0.5 to 1 year of support per year of cohabitation, Medium marriages (5-20 years) - typically 1 to 2 years of support per year of cohabitation, Long marriages (20+ years or married for 20+ years combined with age of recipient) - often indefinite support until retirement age or remarriage.

Support can be: Time-limited - ending on a specific date, Time-limited with review - reassessed at a future date, or Indefinite - continuing until retirement, death, remarriage, or material change in circumstances.

Indefinite support doesn't mean forever. It means there's no predetermined end date, but either party can apply to vary, suspend, or terminate support if circumstances change.

Spousal support orders and agreements can be changed if there is a material change in circumstances. Examples include: significant change in income for either party, loss of employment or retirement, recipient's remarriage or new relationship, recipient becoming self-sufficient, payor's inability to continue payments due to health or financial changes.

To modify support, you must: demonstrate a material change in circumstances since the original order/agreement, show the change was not contemplated in the original order, and prove the requested change is fair and reasonable.

Spousal support typically ends when: the agreed-upon end date is reached (for time-limited support), the recipient remarries (usually ends support automatically), the recipient enters a new conjugal relationship (may end or reduce support), the payor dies (unless the order requires life insurance to continue support), or the court orders termination based on changed circumstances.