Finances are often one of the most common stressors upon separating from your spouse. Regardless of your financial status, understanding the scope of your financial situation going forward can feel crucial to planning and determining your new quality of life.
Who is Entitled to Spousal Support?

Married and common-law spouses are entitled to make a claim for spousal support.

If you were married or in a common law relationship (living together continuously for a period of not less than 3 years), or are the parents of a child, then you may be entitled to spousal support.

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Who is Entitled to Spousal Support?

You or your spouse may be entitled to claim spousal support, regardless of whether you were married or in a common-law relationship.

When determining if spousal support should be paid, the first hurdle is to determine whether the spouse claiming support is legally entitled to spousal support.

Whether you are the support recipient or support payor, consulting an experienced family lawyer about your potential rights, risks, and obligations regarding spousal support is the only way to determine whether spousal support will be paid.

If you were married, common law (living together) for a minimum of three years, or had a permanent relationship, that resulted in a child being born, then you may be entitled to spousal support.

You may also be entitled if you can prove financial need due to the breakdown of the relationship or marriage.

How is Spousal Support Calculated?

Neither Federal nor Provincial laws provide specific direction with respect to the quantum of spousal support. Spousal support payments vary depending on the length of cohabitation and/or marriage, the parties' ages at the time of separation, and whether there are dependant children.

If sufficient resources are available a lump sum spousal support option may be available and will provide parties with the advantage of a “clean break.”

Understanding spousal support and the payment process can be difficult. With our expertise in family law, we can assist you and your family with achieving the resolution that best suits the needs of your family. Get in touch for a consultation to discuss your options.

Commonly Asked Questions About Spousal Support

How Long Can You Get Spousal Support in Ontario?

Spousal support is commonly paid in the range of 6 months to 1 year for every year of the marriage or relationship. It is considered indefinite if the marriage is 20 years or longer.