Does my spouse's adultery affect whether they have to pay me spousal support?

In Ontario, spousal support is generally determined on a no-fault basis. Marital misconduct — including adultery — typically does not affect entitlement to support or the amount awarded. Courts focus on financial need, economic disadvantage caused by the marriage, and the ability to pay, not on who caused the breakdown.

This reflects a deliberate policy choice: mixing moral judgments about conduct into financial support orders creates unpredictability and can be used to punish rather than address economic reality. The Divorce Act does not list misconduct as a factor courts are to consider in setting support.

There is a narrow exception: under the Family Law Act, a court can consider "conduct" that is "so unconscionable as to constitute an obvious and gross repudiation of the relationship." This is a very high bar and covers extreme situations, not ordinary marital breakdown including infidelity. For the vast majority of cases involving adultery, it will have no bearing on support at all. If you are concerned about how your spouse's behaviour might affect your case, a lawyer can give you an honest assessment of whether the specific facts could be relevant.