Can I give up my right to spousal support in a separation agreement?

Yes, spouses can agree in a separation agreement to waive or limit spousal support. Under the Family Law Act, a domestic contract can address support, and courts generally respect those agreements if they were negotiated fairly. Both parties should have independent legal advice and make full financial disclosure before signing.

However, a waiver is not always ironclad. Ontario courts can set aside or vary a support waiver if circumstances change so dramatically that enforcing the agreement would be unconscionable. The courts also watch for situations where one party had significantly less bargaining power, did not understand what they were giving up, or did not receive independent advice.

If you are considering waiving support, think carefully about your long-term financial picture. What seems like a fair trade-off at separation — say, keeping the house in exchange for no support — can look very different years later if your circumstances change. A lawyer can explain the risks of waiving and help you draft language that is enforceable while protecting your interests.