Spousal Support Forms in Ontario: Financial Statement Guide

Financial forms are the part of a support case that frustrates people most. They are long, they ask about everything, and the other side and the judge rely on them. Errors cause delays and can damage your credibility.

This guide explains which form applies to you, what the court expects to see, how income is generally counted, and mistakes worth avoiding. Always check the current version of each form and its instructions, since forms are updated from time to time.

Which form do you need?

When you start a case with a Form 8 application and claim spousal support, you need a financial statement. Use Form 13 if you are making support claims only, or Form 13.1 if you are making both property and support claims.

You also need Form 13A, the Certificate of Financial Disclosure, and financial disclosure documents are needed whenever a support claim is made.

The same financial forms come up when you ask to change an existing order. A consent motion to change (Form 15C) goes with Form 13, Form 13A, Form 14B and a draft order on Form 25, while a contested motion to change (Form 15) goes with Forms 13, 13A and 25.

Why disclosure matters so much

Support depends on money, so both sides must be open about it. A separation agreement can set support without court, but it must be based on complete and honest financial disclosure, or a court may set it aside.

Under the Divorce Act, the court weighs each spouse's financial resources and needs, among other factors, when deciding support. How this applies if you are unmarried, or separated without divorcing, depends on your situation, so it is worth confirming with a lawyer. If the numbers on your form are incomplete, the court cannot properly assess your finances, and the other side may question everything else you say.

What to include and what to attach

Which supporting documents must be attached depends on the current version of the form and its instructions, so read them before you file. Financial disclosure documents are needed whenever a support claim is made.

If you are unsure whether a document is needed, ask a lawyer or the court office rather than leaving it out. A missing document is easier to fix before filing than after the other side points it out.

How income is generally counted

The Spousal Support Advisory Guidelines are not law, but judges often base decisions on them. For those guidelines, income starts from the definition of income in the Federal Child Support Guidelines. Non-taxable income must be grossed up. Union dues can be deducted, and capital gains and dividends use actual amounts.

Other income can be harder. If a bonus is uncertain, a court may look at ranges at two incomes. A court may attribute pre-tax corporate income to a payor for child support but is less willing to do so for spousal support. If you own a business or have variable pay, ask an accountant or lawyer how to present it.

Online calculators can help with rough numbers, but Justice Canada says they may help only with simple calculations and complex cases, such as those with tax effects, usually need dedicated software. Ontario.ca notes its own calculator considers only employment income.

Common mistakes to avoid

• Using Form 13 when you are also claiming property, instead of Form 13.1.
• Leaving out Form 13A or supporting documents.
• Leaving out income that is not on your pay stub, such as dividends or capital gains, which use actual amounts.
• Understating or guessing figures. Agreements built on incomplete or dishonest disclosure can be set aside.
• Using an old version of a form. Check the current one.
• Filing before checking whether you also need parenting forms. Form 35.1 is needed only if parenting claims are made.

What to do next

• Decide whether your claim is for support only or for property and support, so you pick the right form.
• Download the current forms and instructions and read the list of required documents.
• Collect the financial documents that the current form instructions ask for.
• Build a realistic monthly budget from actual statements, not memory.
• Have a family lawyer review your financial statement before you swear or file it.

Frequently asked questions