What evidence do I need to prove my entitlement to spousal support?

To succeed on a spousal support claim, you need to show entitlement, need (or economic disadvantage), and the payor's ability to pay. The evidence required covers all three.

For entitlement, gather documents that show the economic effect of the marriage: old tax returns and employment records showing your career before and during the marriage; records of any career gaps or reductions in work hours; evidence of childcare or household responsibilities you took on; and any documentation of forgone educational or professional opportunities.

For financial need and means, both parties must file financial statements (Form 13.1 in the Ontario court system) with supporting documents: recent tax returns, pay stubs, RRSP and investment statements, pension statements, mortgage or rental documents, and a detailed monthly expense budget. Courts rely heavily on these statements.

For the payor's ability to pay, similar financial documentation is needed. If you suspect the payor is hiding income, financial records, corporate documents, or lifestyle evidence can be brought forward.

Other useful evidence includes emails or communications showing the understanding each party had about their roles, and any agreements made during the relationship about career choices. The more clearly you can document the economic story of your marriage, the stronger your position.