Can I Get Spousal Support During Separation in Ontario Before Divorce?

Yes, you do not need to wait for a divorce to claim spousal support in Ontario. The Family Law Act and the Children's Law Reform Act deal with support and parenting for married couples who separate without applying for a divorce, and for unmarried couples. Claimants include married spouses, partners who lived together as a couple for at least three years, and partners in a relationship of some permanence who had a child together.

The amount and length depend on your circumstances. The Spousal Support Advisory Guidelines are only guidelines, though lawyers and judges often use them, and the factors include the income gap, children and childcare, age, health, each person's role and ability to support themselves. In divorce cases, a court must not consider either spouse's misconduct when setting support, so dating after separation is not a factor.

You can also settle support by agreement. A written agreement on spousal support must be signed by both parties in front of a witness, and a lawyer or mediator can help prepare it. How to ask a court for a temporary amount while other issues are unsettled depends on your facts, and a lawyer can explain the steps.