Spousal Support in Canada for Newcomers Living in Ontario

If you recently arrived in Canada, or you married in another country, you may wonder whether Ontario's spousal support rules apply to you at all. The answer often turns on where you live, how long you have lived there, and the kind of relationship you had.

This article explains the residency rules, who may be eligible, and how sponsorship can matter. Some questions, such as whether a particular foreign marriage is recognized, depend on the facts and are worth confirming with a lawyer.

Where can you bring a claim?

Under the Divorce Act, a divorce court in a province has jurisdiction if either spouse has been habitually resident there for at least one year immediately before the proceeding starts. In these provisions, spouse includes a former spouse.

For corollary relief such as support after a divorce, a court has jurisdiction if either former spouse is habitually resident in the province when the proceeding starts, or if both former spouses accept the court's jurisdiction. Either you or your spouse living in Ontario can therefore matter.

Who may be eligible for support

In Ontario, you may be eligible for spousal support if you meet one of these descriptions.

• You were married.
• You lived together as a couple for at least three years.
• You were in a relationship of some permanence and had a child together.

Whether a marriage that took place abroad is recognized in Canada, and what happens if you are not divorcing here, depends on your particular facts. A lawyer can confirm this before you rely on any assumption.

Entitlement still has to be shown

Being eligible to apply is not the same as being entitled. Entitlement has three possible bases: compensatory, meaning a loss or disadvantage from roles in the relationship; non-compensatory, meaning need; and contractual. The Spousal Support Advisory Guidelines (SSAG) do not decide entitlement, and an income gap alone does not create it.

If you moved to Canada for your spouse's career, or left work to settle the family, those roles may be relevant to a compensatory claim. If you have been in Canada only a short time, the length of the relationship still matters. Courts consider how long the spouses cohabited and the roles each played.

Sponsorship and short marriages

Under the without-child-support formula, short marriages produce very limited awards, if there is entitlement at all. There is one recognized exception for compensatory claims in short and short-to-medium marriages without children, which are assessed individually and can fall outside the formula range.

Sponsorship can also change the picture. When a short marriage breaks down while a sponsorship agreement is in place, the sponsorship agreement may be an independent factor and can lead to an amount or duration outside the formula ranges. The SSAG are advisory rather than law, so the outcome depends on the facts. How an undertaking works under immigration rules is a separate question for an immigration or family lawyer.

Collecting support and what to do next

When a court orders spousal support in Ontario, the order is automatically filed with the Family Responsibility Office (FRO), which collects payments from the payor and sends them to the recipient. FRO does not pay when a payor misses a payment. A separation agreement is not filed automatically; it must be filed with a court and then registered with FRO before FRO can enforce it. FRO enforcement costs nothing for the spouse receiving support.

Property is a separate matter. Equalization claims have their own time limit of six years from separation or two years after the divorce is final, whichever comes first. Common-law partners may claim support but are not legally required to split property acquired while living together.

• Write down where each of you has lived and for how long, with dates.
• Gather your marriage certificate and any translations.
• Collect any sponsorship documents and immigration paperwork.
• List your income and your spouse's income, in Canada and abroad.
• Note any work, study or career you gave up when you moved.
• Speak with a family lawyer early, and an immigration lawyer if sponsorship is involved.

Frequently asked questions