What is spousal support and who can ask for it in Ontario?
Spousal support is a payment from one spouse to the other after separation or divorce. Its purpose is to address financial disadvantage caused by the marriage or its breakdown, and to help the lower-earning spouse become financially self-sufficient where that is realistic.
In Ontario, married spouses can claim support under either the federal Divorce Act or the provincial Family Law Act. Unmarried (common-law) partners who lived together for at least three years — or in a relationship of some permanence if they have a child together — can claim support under the Family Law Act.
To start a claim, you file an application in family court or include it in your divorce proceeding. The right to claim does not automatically expire, but waiting too long can affect credibility and the amount awarded. Speaking with a lawyer early helps you understand whether you have a strong claim and how to document it.
Key takeaways
- Both married and qualifying common-law spouses may claim support in Ontario.
- Claims arise under the Divorce Act (married) or the Family Law Act (married or common-law).
- The purpose is to reduce financial disadvantage and encourage self-sufficiency.
- Act promptly — delay can affect your claim.