If we have a prenuptial agreement, can the court still order spousal support?

A prenuptial agreement (called a "marriage contract" in Ontario) can address spousal support, and courts generally respect those provisions. However, a marriage contract is not an absolute bar to a court ordering support. Ontario courts can set aside or override support provisions in a marriage contract under certain circumstances.

Under the Family Law Act, a court may disregard a marriage contract's support waiver if it would cause unconscionable results — meaning a grossly unfair outcome that was not foreseeable at the time the contract was signed. This is a high threshold; courts do not override contracts simply because one party is unhappy with the outcome.

Courts also look at whether both parties had independent legal advice when signing, whether there was full financial disclosure, and whether there was any duress or misrepresentation. A contract signed without disclosure or under pressure may not be upheld. If you have a prenuptial agreement that waives support, it is important to have a lawyer review it before assuming it will hold. Conversely, if your ex is trying to enforce a support waiver against you, a lawyer can assess whether there are grounds to challenge it.