Spousal Support

What is spousal support?

When a marriage ends, one spouse may need to provide the other with financial support, commonly known as spousal support, spousal maintenance, or alimony. Under Section 30 of Ontario's Family Law Act, a spouse may be required to pay support based on the other's financial needs, and it is generally expected that the receiving spouse will work toward financial independence over time.

Who can request it, and what judges consider

In Ontario, both spouses are eligible to request spousal support, though the request typically comes from the spouse with the lower income. Factors a Toronto family judge will consider include:

• the financial needs and resources of each spouse
• the length of the marriage
• contributions to the marital estate
• responsibility for shared children
• any existing spousal support orders or agreements
• each spouse's ability to achieve financial independence

Which relationships trigger spousal support

Historically, spousal support in Ontario was reserved for married couples. Under the Family Law Act, the definition of a spouse now also includes those who were previously married or, in certain situations, were never married but lived together in a marriage-like relationship. The Divorce Act's definition remains limited to married couples.

For those who were never married, eligibility requires either cohabitation for at least three years, or cohabitation in a marriage-like relationship while being the natural or adoptive parents of a child.

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How long and how much

The amount and duration of spousal support vary based on factors such as whether child support is also involved, the length of the relationship, and the income gap between the spouses. Where no child support is involved, a general formula is 1.5% to 2% per year of marriage or cohabitation, multiplied by the difference between the spouses' gross incomes, up to a maximum of 50%. For marriages of 25 years or more, the range is set between 37.5% and 50%.

For example, if one spouse earns $100,000 a year and the other earns $25,000, with a 10-year cohabitation, spousal support would range from roughly $937.50 to $1,250 per month.

As for duration, spousal support typically lasts from six months to one year for each year of marriage. For marriages of 20 years or more, or where the years of marriage plus the recipient's age total 65 or more (known as the "rule of 65"), support may be indefinite.

Types of spousal support orders

Ontario courts may issue various types of spousal support orders, including lump sum, periodic, time-limited, indefinite, or interim payments. Periodic support is the most commonly awarded, lump-sum support is less frequent, and time-limited support is usually granted in cases involving shorter marriages.

Changing an existing order

If circumstances change significantly, such as a job loss by the supporting spouse, an existing order can be reassessed and adjusted to keep it fair. A lawyer can advocate effectively on your behalf to modify support when needed.

Two questions: entitlement and amount

Before any amount is set, a spouse must show they are entitled to support. Ontario law recognises three main bases: compensatory support, which addresses economic advantages or disadvantages arising from the relationship, such as one spouse giving up a career to raise children; non-compensatory or needs-based support, which addresses a genuine financial need after separation; and contractual support, which flows from an agreement such as a marriage contract. Many cases involve more than one basis, and identifying the right one shapes both the amount and how long support lasts.

The tax treatment of spousal support

The way spousal support is paid has real tax consequences. Periodic support paid under a written agreement or court order is generally tax-deductible for the person paying and taxable income for the person receiving, while a lump-sum payment usually is not. This affects the true value of any settlement, and it is one of the reasons a support figure should never be agreed without proper advice. We help clients understand the after-tax reality of any proposal, so that a settlement is genuinely fair.

How support is finalised

Spousal support can be settled by a separation agreement negotiated between the spouses, often with the help of lawyers or a mediator, or decided by a court if no agreement is possible. A well-drafted agreement sets out the amount, the duration, and whether and when support can be reviewed. Getting these terms right at the outset avoids costly disputes later, and Sourena Sarbazevatan works to secure arrangements that are clear, fair, and durable.

Why choose Sarbazevatan Law

Sourena Sarbazevatan offers expert advice and representation, combining a deep understanding of legal principles with cultural and linguistic insight. Serving the Iranian and Persian communities with consultations in Persian, he helps you negotiate terms, calculate support accurately, and resolve disputes with precision and care.

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