Interim Spousal Support in Ontario: Getting Help Before Trial

If you separated recently and have little or no income, waiting months or years for a trial is not realistic. Rent, food and bills continue. Interim support is meant to bridge that gap.

This article explains what interim spousal support is, what a court considers, and what to prepare. It is general information, and your situation may differ.

What interim spousal support is

Interim support is temporary support paid until your case is decided. While a Divorce Act support application is pending, the court can make an interim spousal support order until the application is decided.

In Ontario, you may be eligible for spousal support if you were married, if you lived together as a couple for at least three years, or if you were in a relationship of some permanence and had a child together. Couples can also agree on support in a separation agreement, or have a judge decide.

What a court considers

When a court decides spousal support under the Divorce Act, it must consider each spouse's condition, means, needs and other circumstances. These include how long the spouses cohabited, the roles each played during cohabitation, and any existing order, agreement or arrangement about support.

Under the Divorce Act, the court may not consider either spouse's misconduct in the marriage, such as an affair or who left, when it makes a final or interim spousal support order. If you are not divorcing, such as unmarried partners, how this applies depends on your situation, so it is worth confirming with a lawyer.

A gap in income is not enough by itself. Entitlement must be proven or agreed before the Spousal Support Advisory Guidelines formulas apply. Entitlement can be compensatory (loss or disadvantage from roles in the relationship), non-compensatory (need), or contractual.

How the amount is estimated

The Spousal Support Advisory Guidelines are not law, but judges often base their spousal support decisions on them. They apply to interim orders as well as final orders, and where income evidence is thin, ranges can be estimated using alternative income figures.

If a spouse is not working but should be, a court can readily impute minimum-wage income, while imputing anything higher requires evidence. The guidelines also allow an exception for compelling financial circumstances in the period right after separation, which can justify interim support above or below the range.

Ontario's online calculator considers only employment income and simple calculations, so treat its result as a rough starting point.

Things that affect what happens later

• Any period of interim support, and informal voluntary support, counts toward the guideline duration limits.
• A zero range is not the same as no entitlement, and it may simply reflect a current inability to pay.
• Child support comes first when a court decides both child and spousal support.
• Tax treatment depends on the order or agreement stating the spousal amount clearly, and on all child support for the current and previous years being fully paid.

When a court orders support in Ontario, the order is automatically filed with the Family Responsibility Office, which collects payments from the payor and sends them to the recipient. It does not pay when a payor misses a payment.

What to do next

• Gather recent income proof for both of you, such as pay stubs, tax returns and benefit statements.
• List your monthly expenses and who has been paying them since separation.
• Note the date you began living together and the date you separated.
• Record how roles were divided, including child care and any career sacrifices.
• Speak with a family lawyer about asking for an interim order, and about whether a written agreement could resolve things sooner.

Frequently asked questions