When does one spouse have to pay spousal support after divorce in Ontario?

Spousal support is not automatic in every divorce. Under the Divorce Act, a court will order spousal support only if there is entitlement — meaning the claiming spouse can establish one of several grounds: a compensatory basis (one spouse sacrificed career or education for the family), a non-compensatory basis (the other spouse has financial need and the marriage created dependency), or a contractual basis (your agreement says so).

If entitlement exists, the amount and duration are influenced by the Spousal Support Advisory Guidelines — a widely used framework, though not binding legislation. The guidelines factor in the length of the marriage, the incomes of both spouses, whether there are children, and other circumstances. Short marriages with no children tend to produce lower support for shorter periods; long marriages with significant income disparity may produce higher support for longer periods or even indefinitely.

Spouses can also agree on spousal support in a separation agreement, which avoids court entirely. If you waive spousal support in an agreement, that waiver is generally binding unless a court finds it unconscionable. Speaking with a lawyer before waiving or agreeing to an amount is important, as these decisions can be very difficult to change later.