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The Spousal Amount Tax Credit in Ontario: Who Can Claim It

Understand who can claim the spousal amount tax credit in Ontario, how a partner's income reduces it, and situations that disqualify the claim.

Tax5 min readTSLBy the Treadstone Law team · OntarioUpdated 2026-07
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Key takeaways
  • The spousal, or common-law partner, amount is a non-refundable federal and Ontario credit available to a taxpayer who financially supported a spouse or common-law partner during the…
  • For tax purposes, a common-law partner generally means someone you've been living with in a conjugal relationship for a continuous period recognized under the Income Tax Act, or with…
  • It's reduced as your partner's own net income rises, and it disappears entirely once their income reaches a certain level.

When one partner in a marriage or common-law relationship earns significantly less than the other — or nothing at all — the higher-earning partner may be able to claim the spousal amount tax credit on their return. It's one of the more commonly claimed non-refundable credits in Canada, but the eligibility rules and the way the credit shrinks as income rises trip up more people than you'd expect.

This guide explains who qualifies, how a supported partner's income affects the amount, and the situations — separation, part-year relationships, competing claims — that most often cause confusion.

What the Spousal Amount Is For

The spousal, or common-law partner, amount is a non-refundable federal and Ontario credit available to a taxpayer who financially supported a spouse or common-law partner during the year, where that partner's own net income was low. It's built on the same logic as the basic personal amount: a household supporting one low- or no-income partner has less capacity to pay tax than a household where both partners earn independently.

Who Counts as a "Spouse or Common-Law Partner" Here

For tax purposes, a common-law partner generally means someone you've been living with in a conjugal relationship for a continuous period recognized under the Income Tax Act, or with whom you have a child. A married spouse qualifies regardless of how long you've been married. The definitions used for tax purposes don't always match how people describe their own relationships colloquially, so if your situation is unusual — a recent common-law relationship, or a long separation without a formal divorce — it's worth confirming your status before claiming the credit.

How the Supported Partner's Income Reduces the Credit

This is the part that surprises people: the credit isn't an all-or-nothing amount. It's reduced as your partner's own net income rises, and it disappears entirely once their income reaches a certain level. If your partner has some income of their own — part-time work, investment income, a small pension — your available credit shrinks accordingly rather than staying at its maximum value.

As of mid-2026, the specific dollar thresholds involved are published annually and change year to year — verify the current figures with the CRA or a tax professional rather than relying on a number you saw in a previous year.

Situations That Complicate or Disqualify the Claim

How to Claim It

The spousal amount is claimed directly on your T1 personal tax return, where you'll also need to report your spouse's or common-law partner's net income — even though you're each filing your own return — so the CRA can calculate the correct reduction. Filing both returns together, or at least with accurate figures for each other's income, generally produces a more reliable result than estimating.

Frequently asked questions

Can I claim the spousal amount if my partner has some income, just not very much?

Yes — the credit is reduced based on their income rather than eliminated the moment they earn anything. You'll still need their net income figure to calculate the correct reduced amount.

What if we got married partway through the year?

You may still be able to claim a spousal amount for the year you married, though the amount and any reductions depend on your partner's income for that period. This is a common situation worth confirming with a tax professional given how many variables affect the calculation.

Does it matter whether we're married or common-law?

For this credit, no — married spouses and common-law partners who meet the definition are treated the same way.

Can I claim this credit and also deduct spousal support I pay to a former partner?

Those are two separate concepts: the spousal amount credit applies to a partner you're currently supporting within a marriage or common-law relationship, while support payments to a former spouse follow entirely different rules. Don't assume one substitutes for the other.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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