How is spousal support determined when married spouses separate in Ontario?

In Ontario, spousal support is determined under the federal Divorce Act (for married spouses who divorce) and the provincial Family Law Act (for married or common-law spouses who separate but may not divorce). The analysis has two main stages: whether a spouse is entitled to support, and if so, how much and for how long.

Entitlement is based on factors like the roles each spouse played during the marriage, whether one spouse's career or income was limited because of the relationship, and the economic disadvantage one spouse suffers as a result of the breakdown.

For the amount and duration, lawyers and courts use the Spousal Support Advisory Guidelines — a set of formulas based on income difference and length of the relationship that produce suggested ranges. These guidelines are not legislation; they are advisory. Judges have discretion, but the ranges are widely followed in practice.

There is no single formula that applies to every case. A spouse who left the workforce to raise children will have different support entitlements than a spouse who maintained full-time employment throughout. The length of the marriage and the degree of economic interdependence are central considerations.