In Ontario, spousal support can be awarded to couples who have been married, those who have a common-law marriage and have been together for at least three years, and couples who had a relationship of “some permanence” and had a child together.
There are many reasons why an individual might be obligated to pay spousal support, but two of the most common are the financial needs of one spouse and to reimburse one spouse for his or her contributions to the relationship. Spousal support can be decided by the spouses, should they come to an amicable conclusion about it, and included in their formal separation agreement along with other elements like child support, or it may be up to an arbitrator or judge to make a ruling on the matter.
Judges take a variety of factors into account when determining spousal support, including how long the relationship lasted, spousal roles during the relationship and each individual’s financial situation. If the relationship resulted in children, any accommodations that have been made for them may also factor into a judge’s decision. If support is awarded, the province’s Spousal Support Advisory Guidelines may be utilized in determining the amount and duration of support.
It is important to note that individuals who are on social assistance must attempt to get any spousal support that they may be entitled to; if they do not, the amount of assistance they are given may be reduced or they may not get any support at all. However, there are certain circumstances that could prevent someone from having to seek support, such as when the other spouse cannot afford support or is unable to be found. Spousal support can have a huge impact on someone’s finances, whether they are the one paying or receiving it.
A lawyer could help an individual understand how likely they are to pay or receive support as well as the estimate the amount and duration or help a client come to an agreement with the other spouse about spousal support without needing to go before a judge.
Source: Community Legal Education Ontario , “Separation and Divorce: Spousal Support“, August 13, 2014