Spousal support, also known as alimony, is a financial obligation one spouse may owe to the other after a separation or divorce. In Ontario, spousal support is governed by both the Family Law Act and the Spousal Support Advisory Guidelines (SSAG), which provide a framework for determining how much support should be paid, if any, and for how long.

Who Is Eligible for Spousal Support?

Spousal support is not automatically granted in every divorce or separation. It is typically awarded to a spouse who has a financial need and to the other spouse who has the ability to pay. In some cases, a spouse may request support if they have been financially dependent on the other spouse during the marriage, or if the marriage involved sacrifices that affected their financial well-being.

Some of the factors considered in spousal support claims include:

• The length of the marriage
• The financial need of the recipient spouse
• The paying spouse’s ability to provide support
• The recipient’s role during the marriage (e.g., homemaker or primary caregiver)
• Any agreement made between the spouses regarding support (e.g., a prenuptial or postnuptial agreement)

Determining the Amount and Duration of Support

The amount and duration of spousal support will depend on several factors, including the length of the marriage, the recipient’s financial need, and the paying spouse’s ability to provide support. In most cases, spousal support is calculated using the SSAG, which provides a range of support amounts based on these factors.

The court may also consider other factors, such as any contributions made by one spouse to the other’s career or financial success. In longer marriages, spousal support may be awarded for an extended period, while in shorter marriages, it may be for a more limited time.

Types of Spousal Support

There are two main types of spousal support in Ontario:

1. Compensatory Support: This is intended to compensate a spouse who has sacrificed their career or financial opportunities for the benefit of the marriage. For example, if one spouse stayed home to care for children or supported the other spouse’s career advancement, compensatory support may be appropriate.
2. Non-compensatory Support: This type of support is based on the recipient spouse’s financial need. For example, if one spouse is unable to support themselves after the marriage, they may be eligible for non-compensatory support.

Spousal Support Agreements

Spousal support can be agreed upon outside of court through negotiations, mediation, or arbitration. If an agreement is reached, it is often formalized in a separation agreement. However, if an agreement cannot be reached, the matter may proceed to court, where a judge will make a final determination.

If you need help with spousal support matters, including calculations, negotiations, or understanding your rights, LexCounsel is here to offer the best possible legal guidance you need. Our team provides compassionate and clear legal support to help you navigate the complexities of spousal support in Ontario family law. Contact us today for assistance in securing a fair outcome.