How is spousal support handled in an uncontested divorce in Ontario?

In an uncontested divorce, spousal support is typically addressed one of two ways: through a separation agreement that either sets support terms or confirms that one or both spouses waive their right to seek it, or by including a support order in the divorce order itself by consent.

If your separation agreement already deals with spousal support, you bring that agreement to the divorce — the court will see that the issue is resolved and incorporate it by reference or leave it as a standalone contract. If you want support terms to be enforceable through the court (which allows you to enforce through the Family Responsibility Office if your spouse stops paying), you can ask the court to incorporate the terms into a consent order as part of the divorce.

If you and your spouse agree to waive support entirely and say so in writing, that waiver is generally binding. Courts are hesitant to interfere with freely negotiated waivers between adults who had independent legal advice. However, a waiver without understanding your entitlement can have lasting financial consequences, especially in longer marriages.

If support has not been addressed and you are not asking for it in the divorce application, it may be more difficult to claim later. If there is any uncertainty about your entitlement, consulting a family lawyer before completing an uncontested divorce is worth the investment.