The Law on Spousal Support
When Is a Spouse Entitled?
To address economic disadvantage or lost opportunities due to the marriage (e.g., one spouse stayed home to raise children).
To relieve economic hardship after separation.
Where a marriage contract, separation agreement, or cohabitation agreement provides for support.
The Spousal Support Advisory Guidelines (SSAGs)
Although not law, the SSAGs provide ranges for the amount and duration of support. Courts and lawyers rely on them heavily in negotiations and decisions.
The Process
Step 1 — Establishing Entitlement
The spouse seeking support must show that entitlement exists under one of the three categories above.
Step 2 — Calculating Support
- Length of the relationship
- Incomes of both spouses
- Roles during the relationship
- Age and health of the spouses
- Presence of children and child support arrangements
Step 3 — Agreement or Court Order
- Uncontested: Spousal support is set by agreement, often within a separation agreement.
- Contested: A judge decides entitlement, amount, and duration.
Step 4 — Variation or Termination
Spousal support can be reviewed or changed if circumstances materially change (e.g., job loss, retirement, new income).
How We Can Help
At GC Legal Support, we provide tailored spousal support services, including:
Assessing Entitlement
Advising whether spousal support is likely in your case.
Calculating Amount & Duration
Using SSAGs and financial disclosure to determine fair ranges.
Negotiation & Mediation
Striving for settlements that avoid costly litigation.
Court Advocacy
Litigating entitlement, enforcement, or variation when necessary.
Support Reviews
Applying to reduce, increase, or terminate support due to life changes.
Fairness for Both Sides
Our goal is clarity and fairness—whether you are seeking support or defending against a claim.
Frequently Asked Questions (FAQ)
There is no fixed rule. Duration depends on the length of the marriage and circumstances. For shorter marriages, support may last 6–12 months per year of marriage. For long marriages (20+ years), support can be indefinite.
Yes, if they lived together for at least 3 years or were in a relationship of some permanence and had a child together.
Child support is mandatory and based on tables. Spousal support requires proving entitlement and is more discretionary, with ranges provided by the SSAGs.
Yes, through a valid domestic contract (marriage, cohabitation, or separation agreement), but courts can set aside unfair agreements if there was no full disclosure or if circumstances have changed dramatically.
Spousal support orders are enforced by the Family Responsibility Office (FRO) in Ontario, which can garnish wages, suspend licenses, and take other measures.
Yes. Either spouse can apply to vary the support if there is a material change in circumstances, such as job loss, retirement, or remarriage.
Next Steps
Spousal support is one of the most financially significant aspects of separation. At GC Legal Support, we provide the knowledge, strategy, and advocacy you need to secure a fair resolution.
Family Property Division
When a marriage or common-law relationship ends, one of the most pressing issues is how to divide property fairly. In Ontario, the law provides specific rules for married spouses and different rules for common‑law partners.
At GC Legal Support, we guide clients through the complex process of identifying, valuing, and dividing assets to ensure their financial interests are protected.