In Ontario, spousal support is almost always paid by the spouse with the higher income to the spouse with the lower income.
How is spousal support calculated?
The Ontario Family Law Act specifies the factors judges must consider when calculating spousal support or alimony:
• Financial means of both spouses
• Length of time you were married
• Child care, child support payments
• Helping a spouse in financial need if the other spouse can pay
• Child support payments
Some other factors the court may look at include:
• The functions each of you performed while living together (the division of labour, for example, who looked after what in the home, who looked after the children)
• Any order, agreement or arrangement relating to the support of either spouse (for example, a court order or separation agreement)
• The physical or mental disability of one of the parties
• Any contributions by one party to the education or career potential of the other (for example, if you helped pay for your partner to go to school, or you moved around a lot to benefit your partner’s career, while yours suffered)
• The reasonable needs of the spouses or partners
• The separate property of each spouse or partner
• The age of the spouses
• The likelihood that the spouse receiving support can become economically self-sufficient
Please note that the court will not consider any ‘misconduct’ of a spouse in relation to the marriage when deciding on spousal support. For example, if one of the parties committed adultery, this does not affect whether they will pay or receive spousal support, or how much they might pay or receive.
Can I get spousal support if I didn’t have children with my ex-partner?
You can apply for spousal support, regardless of whether you have children or not. If you do have children with the ex-partner from whom you are asking for spousal support, the payment of any child support takes priority over the payment of spousal support.
We are not married, am I still entitled to spousal support?
In Ontario, spousal support (also known as alimony) is only payable to a “spouse.” A spouse can be a common law partner, so living together with someone can eventually give rise to an obligation to pay spousal support, even if you are not married.
In Ontario you are considered to be a “spouse” once you marry. If you and your partner are living common law, then you will be considered a spouse for spousal support purposes if you and your partner have cohabited for three years; or if you and your partner live in a relationship of permanence and have a child together. Section 29 of the “The Family Law Act” requires that the cohabitation must be continuous, so if you’ve broken up for a period of time and then gotten back together, this may affect whether you are considered a spouse.
“Spousal Support Advisory Guidelines”
These guidelines were created in 2005 in order to make spousal support more predictable and consistent.
Mediators and lawyers use these guidelines when helping parties make decisions and set up spousal support agreements out of court.
Judges will also often use the guidelines as a helpful tool but are not required to do so when rendering decisions on spousal support.
Keep in mind that contrary to the “child support guidelines” which are law and required to be followed by the courts, “Spousal Support Advisory Guidelines” are not binding and are only to be used as a guide.
The “Spousal Support Advisory Guidelines” suggest appropriate ranges of support in a variety of situations for spouses entitled to support. The guidelines do not provide advice on whether a spouse is entitled to support. In each case, entitlement to support depends on how the law applies to their situation.
Please consult a mediator or lawyer for more information.
In the meantime the “Spousal Support Advisory Guidelines” can be found at
http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/ug_a1-gu_a1/toc-tdm.html
