Do I Have to Pay Spousal Support if I Was the One Who Cheated or Left in Ontario?

Under the Divorce Act, blame for the breakup does not decide spousal support, though the answer can depend on which law applies to you. Under the Divorce Act, a court may not consider either spouse's misconduct, such as an affair or who left, when it makes a final or interim spousal support order.

Instead, the court looks at each spouse's condition, means, needs and other circumstances, including how long you lived together and the roles each of you played. An order should recognize economic advantages or disadvantages from the marriage or its breakdown, share the financial consequences of caring for children, and relieve economic hardship. Entitlement can rest on loss from roles in the relationship, on need, or on a contract.

Unmarried partners may also be eligible for support if they lived together for at least three years, or had a child in a relationship of some permanence. Different rules can apply outside a divorce, and narrow exceptions may exist, so a lawyer should confirm how they apply to you. Your income, your role during the relationship and your ability to support yourself matter far more than who is to blame.