Can I Get Spousal Support Right After We Separate in Ontario?

If you earn less than your spouse, separation can bring a sudden money problem. Rent, groceries and bills keep coming, but the household income that used to cover them is now split across two homes. You may be wondering whether you can ask for spousal support straight away, or whether you have to wait until the whole separation is sorted out.

The short answer is that support can be raised right after separation, but it does not happen on its own. This article explains who may be entitled, what interim support means, the main ways support gets put in place, and why it helps to move sooner rather than later. It is general information, not advice on your particular situation.

Who can claim spousal support in Ontario

Ontario's spousal support guidance says you may be entitled to support if you were married, if you lived together as a couple for at least three years, or if you had a relationship of some permanence and a child together. So being married is not the only route. Unmarried partners can qualify too, depending on how long and in what way they lived together.

For support under the Family Law Act, a spouse includes unmarried people who cohabited continuously for at least three years, or who are in a relationship of some permanence and are parents of a child. Cohabiting means living together in a conjugal relationship, and the parties must actually have lived together. If your living arrangements were unusual, for example you kept separate homes for part of the time, it is worth getting advice on whether you count.

Qualifying is only the first step. Support is not automatic on separation or divorce, so it must be raised. Nobody will start the process for you.

How the amount is decided

There is no single fixed figure. The amount of spousal support depends on factors including the difference in income, whether there are children, and each person's age and health. When a court decides on spousal support under the Divorce Act, it also considers factors such as how long the spouses lived together, what each spouse did during the relationship, and any support arrangements already in place.

The Spousal Support Advisory Guidelines are often used as a reference point, but they are only guidelines. That means two people with similar incomes can end up with different outcomes, and a lawyer can help you understand where your situation might fall.

What interim spousal support means

A family case can take a while. Interim support is a temporary arrangement meant to cover the gap until the final outcome. In a divorce proceeding, the Divorce Act allows a court to make an interim order pending determination of the application. A court can order either a lump sum or periodic payments for spousal support.

Motions in a family case use Form 14 (Notice of Motion) and Form 14A (Affidavit). You would also need to give honest and complete financial information. Financial disclosure documents are needed where a case involves spousal support, and the financial statement is Form 13 where only support is claimed or Form 13.1 where property or debts are also claimed.

How quickly a motion can be heard, and whether interim support is ordered, depends on the facts and the court's schedule. A lawyer can tell you what is realistic where you live.

Three ways support gets put in place

Once support is registered with the Family Responsibility Office, the office enforces it. It usually deposits payments within 48 hours, and it can take money from bank accounts, suspend a driver's licence or start a court case. Enforcement is free for the recipient.

Be careful with quick agreements made in the first weeks. A court may refuse to enforce a separation agreement if a party did not fully disclose financial information, and Ontario notes that you cannot easily change a separation agreement later. Signing something fast to get money flowing can cost you more in the long run.

How quickly should you act?

Because support must be raised by you, waiting does not make the issue go away, and it can leave you without income in the meantime. Time limits can apply to different kinds of claims, and they vary with the type of claim and your circumstances, so ask a lawyer early rather than assuming you have plenty of time. As one example from the property side, the time limit to go to court over an equalization payment is six years from the day of separation, or two years from the day the divorce is final, whichever comes first.

If your spouse is already paying something informally, how that fits with a claim depends on your situation, so it is worth confirming with a lawyer. Writing it down properly or getting an order gives you something that can be enforced.

Children matter here too. A court can make child support orders, including interim ones, and they must follow the applicable guidelines. Child support is separate from spousal support, and both may need to be raised at the same time.

What to do next

• Write down the date you separated and the dates you lived together, including any periods apart.
• Gather recent income tax returns, notices of assessment, pay stubs, bank statements and a list of monthly expenses for yourself and any children.
• Collect information about your spouse's income, assets and debts as best you can.
• Avoid signing any agreement until you have had independent legal advice.
• Speak with a family lawyer about whether to ask for interim support and how soon.
• Use a Family Law Information Centre for free general information; their staff do not give legal advice.

If you are worried about paying bills this month, say so when you speak with a lawyer. It helps them decide whether to push for a temporary arrangement quickly or whether a negotiated solution is realistic.

Frequently asked questions