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What factors does an Ontario court consider when deciding spousal support?

TSL Written by the Treadstone Law team· Updated June 2026

Ontario courts weigh a broad set of factors when deciding whether to award support and how much. Under the Divorce Act, the court must consider the condition, means, needs, and other circumstances of each spouse, including the length of cohabitation, the roles performed during the marriage, and any economic advantages or disadvantages caused by the marriage or its breakdown.

Key factors include: the income and earning capacity of each spouse; the length of the relationship; whether one spouse left the workforce or reduced career progress to care for children or support the other's career; the ages and health of both parties; any existing support obligations; and the standard of living established during the marriage.

The Divorce Act identifies four objectives for support: compensating for career sacrifices or disadvantage; compensating for childcare contributions; relieving economic hardship; and promoting self-sufficiency. Courts often balance multiple objectives in a single order. No single factor is decisive — judges weigh the full picture. Having clear documentation of your financial history and the roles you each played in the marriage strengthens your position.

Key takeaways

  • Courts consider income, length of marriage, roles played, and economic disadvantage.
  • The Divorce Act sets four objectives: compensation, relief, and self-sufficiency.
  • No single factor determines the outcome — the court weighs all circumstances.
  • Document your financial history and contributions to support your claim.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone family lawyer can help.
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