- A court can order temporary spousal support while a Divorce Act support application is still waiting to be decided.
- Misconduct such as an affair or who left cannot be considered when a court makes an interim spousal support order under the Divorce Act.
- The Spousal Support Advisory Guidelines apply to interim orders too, even though they are not law.
Separation can leave one spouse with little or no income while the other keeps earning. Court cases take time, and bills such as rent and groceries do not wait for a final decision.
Temporary, or interim, spousal support is meant to bridge that gap. This article explains in plain terms how it works in Ontario, what a judge looks at, and what you can do to prepare.
What temporary spousal support is
While a Divorce Act support application is pending, the court can make an interim spousal support order that lasts until the application is decided. In general terms, it is a stopgap, not the final answer.
Under the Divorce Act, a court can order a lump sum, periodic sums, or both, in whatever amount it thinks reasonable, and either spouse or both may apply. In that Act, a spouse includes a former spouse.
A Divorce Act spousal support order can be for a definite period, for an indefinite period, or until a specified event happens. The court may attach any terms, conditions or restrictions it thinks fit and just.
Who can ask for it in Ontario
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. Common-law partners may claim spousal support.
A gap in income alone does not create a right to support. Entitlement has to be proven or agreed first, and it can be compensatory, non-compensatory (need), or contractual.
What a judge looks at, and what they ignore
- Each spouse's condition, means, needs and other circumstances.
- How long you lived together and the roles each of you played.
- Any existing order, agreement or arrangement about support.
- Factors such as the income gap, who cared for children, age, health and ability to be self-supporting.
Misconduct, such as an affair or who left the relationship, cannot be considered when a court makes a final or interim order under the Divorce Act. If child support is also in play, the court must give it priority.
How the amount is estimated
The Spousal Support Advisory Guidelines (SSAG) are not law, but judges often base decisions on them. They apply to interim orders as well as final ones, and where income evidence is thin, ranges can be estimated using alternative income figures. They do not decide entitlement, which must first be established under the applicable law.
If you are not working but should be, a court can readily impute minimum-wage income to you, while a higher figure needs evidence. The SSAG also allow an exception for compelling financial circumstances in the period right after separation, which can justify interim support above or below the range.
| Situation | How the SSAG treat it |
|---|---|
| Thin income evidence | Ranges may use alternative income figures |
| Urgent need just after separation | Amount may fall outside the range |
| Interim support already paid | Counts toward duration limits |
Other recognized grounds for going outside the ranges include debt payments, prior support obligations, illness and disability, and basic needs or hardship. A range of zero is not the same as no entitlement, since it may simply reflect a current inability to pay.
Ontario's online SSAG calculator considers only employment income and simple calculations, so it is a rough starting point at best.
What to do next
- Gather recent income tax returns, pay stubs and notices of assessment for both of you, if you can.
- List your monthly expenses and any debts.
- Note how long you lived together, who cared for children, and any career sacrifices.
- Keep records of any support the other person has paid informally, since it counts toward duration limits.
- Ask a family lawyer whether an interim request suits your situation.
If support is ordered, the order is automatically filed with the Family Responsibility Office, which collects payments but does not pay if the payor misses one. Enforcement by the Family Responsibility Office costs nothing for the spouse receiving support. A separation agreement is different: it must be filed with a court and then registered with the office before it can enforce it.
Tax treatment depends on the paperwork. For tax purposes, spousal support must be paid periodically, with the timing set out in a court order or written agreement. Support paid under an order or agreement made after April 1997 is taxable to the recipient and deductible by the payer if the order or agreement clearly states the spousal amount and all child support for the current and previous years is fully paid. A single lump sum generally does not count as periodic support, so it is generally not deductible or taxable in the same way. Support paid without a court order or written agreement is not subject to the support-payment tax rules.
The Family Responsibility Office cannot change support terms. Only a court can change an order. Under the Divorce Act, the court must be satisfied that circumstances have changed since the order before it varies spousal support. How this applies to you depends on your situation, so it is worth confirming with a lawyer.
Frequently asked questions
Can I get temporary support if we were never married?
In Ontario, you may be eligible for spousal support if you lived together as a couple for at least three years, or were in a relationship of some permanence and had a child together. The interim order rule described in this article comes from the Divorce Act, so whether and how temporary support is available to you depends on which law your claim is made under. That is worth confirming with a lawyer.
Does it matter who ended the relationship?
Under the Divorce Act, a court may not consider misconduct such as an affair or who left when it makes an interim or final spousal support order. That rule is part of the Divorce Act, so it speaks to married spouses applying under that Act. If you were never married, how conduct is treated depends on the law your claim is made under, so it is worth confirming with a lawyer.
Does interim support count toward how long support lasts?
Yes. Any period of interim support, and informal voluntary support, counts toward the SSAG duration limits.
Is the SSAG amount guaranteed?
No. The SSAG are not law, though judges often rely on them. Exceptions exist, including compelling financial circumstances right after separation.
Sources
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 15.2(1) — Justice Laws (federal)
- Divorce Act, s. 17(4.1) — Justice Laws (federal)
- Divorce Act, ss. 2(1), 3(1) — Justice Laws (federal)
- Ontario.ca – Spousal support — ontario.ca
- Department of Justice Canada – Spousal Support Advisory Guidelines — justice.gc.ca
- SSAG Revised User's Guide – Entitlement — justice.gc.ca
- SSAG Revised User's Guide – Table of Contents (Chapter 12 Exceptions) — justice.gc.ca
- SSAG Revised User's Guide – Imputing income — justice.gc.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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