What Is the Difference Between Compensatory and Non-Compensatory Spousal Support in Ontario?

Compensatory support is meant to make up for a loss or disadvantage you took on because of your roles in the relationship, while non-compensatory support is based on need. A third basis is contractual, which can come from a formal domestic contract or from an implied or informal agreement.

Entitlement comes first and the amount comes second. An income gap on its own does not create entitlement, and it must be proven or agreed before the Spousal Support Advisory Guidelines formulas apply. Those guidelines are not law, though judges often base their decisions on them. Under the Divorce Act, the court looks at each spouse's condition, means, needs and other circumstances, including the roles each played during cohabitation. An order should also recognize economic advantages or disadvantages from the marriage or its breakdown and relieve economic hardship from the breakdown.

In Ontario you may be eligible if you were married, lived together as a couple for at least three years, or were in a relationship of some permanence and had a child together. Which basis fits your situation depends on the facts, so a lawyer can confirm it.