At what point does entitlement to spousal support arise — at separation, or at divorce?

Entitlement to spousal support can arise at separation, not only upon divorce. Under the Family Law Act, a married or qualifying common-law spouse can apply for support as soon as the parties are separated. You do not need to wait for a divorce to claim support.

For married spouses, support can also be claimed as part of the divorce proceeding under the Divorce Act, but there is no reason to wait if you need financial relief. Many people apply for interim support under the Family Law Act shortly after separation while the longer divorce process unfolds.

The date of separation is therefore important in two ways: it is when entitlement can first be claimed, and it may be relevant to how support is calculated (the income positions of each party at separation are often used as the baseline). Documenting the date of separation clearly — through written communications, a formal letter, or other evidence — is important, especially in cases where the parties may dispute when the relationship actually ended.