Am I required to look for work while receiving spousal support?
Yes. One of the four objectives of spousal support under the Divorce Act is to encourage economic self-sufficiency. Courts expect support recipients to make reasonable efforts to become self-sufficient, and the failure to do so can affect the amount and duration of support awarded.
What counts as "reasonable" depends on your circumstances: your age, health, skills, work history, availability of childcare, and the job market in your area all matter. Courts do not expect the impossible — a 58-year-old who left the workforce 20 years ago cannot reasonably be expected to restart a professional career overnight. But a 35-year-old with a recent degree and no dependent children would be expected to pursue employment actively.
If a payor can show that the recipient is deliberately under-employed or refusing reasonable work opportunities, the court may impute income — treat the recipient as if they are earning what they should be — which reduces the support payable. Conversely, if genuine barriers to employment exist, courts will factor that in. Keeping records of your job search and any retraining efforts protects you if the payor challenges your efforts.
Key takeaways
- Recipients are expected to take reasonable steps toward self-sufficiency.
- What is reasonable depends on age, health, skills, and childcare responsibilities.
- Courts may impute income if they find a recipient is deliberately under-employed.
- Document your job-search and retraining efforts throughout the support period.