Spousal Support – Am I Entitled?

Spousal support is not an automatic right associated with the breakdown of a relationship. In the absence of a marriage contract or cohabitation agreement, your spouse may be entitled to spousal support if they can establish one or more of the following incidents of entitlement:

1.     A financial need arising from the relationship or its breakdown – known as a needs-based claim for support; or

2.     An entitlement to compensation for the economic consequences of the relationship as a result of the roles assumed by each party – known as a compensatory claim for support.

Spousal support is not restricted to married couples. The Ontario Family Law Act, Part 3, which governs support obligations for spouses, defines a spouse as:

1.     Anyone who is married;

2.     Anyone who is not married and have cohabited continuously for not less than three years; or

3.     Anyone in a relationship of some permanence if they are parents of a child.

Once entitlement has been established, the court will consider the appropriate amount of spousal support to be paid and the duration in which it should be paid, generally in line with the Spousal Support Advisory Guidelines.

Spousal support is a complex area of family law. If you are a separating spouse and have questions about your exposure to a claim for spousal support or interested in making a claim yourself, contact us for a consultation to discuss your circumstances in detail.