What can I do if my ex-spouse is not following our separation agreement in Ontario?
If your ex-spouse is not complying with a separation agreement in Ontario, your first step is to file the agreement with the court, if you have not done so already. Once filed, the agreement can be enforced as if it were a court order.
For support payments (child support or spousal support), the Family Responsibility Office (FRO) is the primary enforcement body in Ontario. The FRO automatically monitors and collects support once a support provision is filed. If payments fall behind, the FRO has significant enforcement tools: garnishing wages, seizing tax refunds, reporting arrears to credit bureaus, and suspending driver's licences or passports.
For non-support breaches — such as a spouse refusing to transfer property, vacate the home, or comply with parenting time provisions — you would apply to court for an order compelling compliance or awarding compensation for the breach. Courts take violations of domestic contracts seriously.
Before going to court, many parties try demand letters through their lawyers or mediation to resolve the breach without litigation. This is usually faster and less expensive.
Document all instances of non-compliance — dates, amounts, and specifics — from the beginning, as this evidence is essential if you need to go to court.
Key takeaways
- File the agreement with the court before trying to enforce it.
- The Family Responsibility Office enforces support provisions automatically.
- Non-support breaches (property, parenting) require a court application to compel compliance.
- Document every breach with dates and details in case court proceedings become necessary.