How to Apply for Spousal Support in Ontario Step by Step

You have recently separated and money is uncertain. Maybe one of you earned much more, or one of you stepped back from work to raise children. You want to know what applying for spousal support actually involves, and in what order.

This article walks through who can claim, the choice between agreeing and going to court, the filing steps and forms, and how support is usually collected. Every situation is different, so use it as a map and confirm your own details with a lawyer.

Who can claim spousal support in Ontario

Which law applies depends on your relationship. The federal Divorce Act sets the support rules for married couples who divorce. Provinces set the rules for unmarried partners and for married couples who separate without divorcing, and in Ontario that is the Family Law Act.

In Ontario, married spouses can claim. Unmarried partners can claim if they lived together as a couple for at least three years, or if they were in a relationship of some permanence of any length and had a child together.

Being eligible to ask is not the same as being entitled to receive. A claimant generally needs to show at least one of these: a role in the relationship that prevented building their own career, a need for support after separation while the other spouse can pay, or a legal agreement that provides for support on separation.

Agreement first, or court first?

You do not always need a court to start. A separation agreement can set support without going to court. A court may set it aside, though, if it was not understood, was not based on complete and honest financial disclosure, or was signed under pressure.

Many people try to negotiate first and file only if that stalls. Either way, you will need a clear picture of both incomes, which is why gathering financial records early helps. Ontario.ca lists a large income difference, whether there are children and who cares for them, ages, roles in the relationship, health and ability to support oneself as factors affecting the amount.

The filing steps

If you go to court, you start with a Form 8 application. Here is the general order of steps.

• Prepare Form 8 and a Continuing Record.
• Complete a financial statement: Form 13 if you are claiming support only, or Form 13.1 if you are claiming both property and support.
• Complete Form 13A, the Certificate of Financial Disclosure, and gather the financial disclosure documents that go with a support claim.
• Have the clerk issue the application, which gives it a court file number.
• Arrange service: someone else aged 18 or older must serve the respondent using special service, together with a blank Form 10 (Answer).
• File Form 6B, the Affidavit of Service, to prove service was done.
• Add Form 35.1 only if you are also making parenting claims.

Notice that you cannot serve the papers yourself. Ask a friend, relative or process server who meets the requirements, and keep the details of when and how it was done so the affidavit is accurate.

Deadlines, fees and where to file

The respondent has 30 calendar days to file an Answer if they receive the application in Canada or the US, and 60 calendar days if they receive it elsewhere.

There is no fee to file at the Ontario Court of Justice. The Superior Court of Justice and its Family Court branch may charge fees, and fee waivers are available. Which court is right for you can depend on what else you are claiming, such as a divorce or property, so confirm this before filing.

As one local example, the Newmarket Courthouse for York Region is at 50 Eagle St. W., Newmarket, Ontario L3Y 6B1, and the Superior Court of Justice lists family scheduling there at 905-853-4823. Contact details can change, so confirm them before you rely on them.

After you have an order or agreement: collection

Court-ordered spousal support is automatically filed with the Family Responsibility Office (FRO), which collects from the payor and pays the recipient. A separation agreement must first be filed with the court on Form 26B and then registered with FRO with a registration package.

FRO does not pay you when a payment is missed. A recipient completes a Statement of Arrears to collect unpaid support and interest. FRO has a range of enforcement tools, including garnishing bank accounts and deducting from federal tax refunds.

Tax matters too. Spousal support is generally deductible by the payer and taxable to the recipient for orders or agreements made after April 1997 if the order or agreement clearly states the amount and all child support for the current and previous years is fully paid. An accountant can confirm how this applies to you.

What to do next

• Write down the date you began living together, the date you married if you did, and the date you separated.
• Collect income records for both of you, plus a list of your monthly expenses, assets and debts.
• Note any career sacrifices you made, such as time away from work for children.
• Decide whether to try a negotiated agreement first, and do not sign anything you do not fully understand.
• Speak with a family lawyer before filing, especially if divorce, property or children are also in play.

Frequently asked questions