Frequently Asked Questions
Spousal Support
What is spousal support?
Spousal support is money that one spouse pays to the other spouse when their relationship ends. Spousal support is meant to help the poorer spouse.
Do I have to pay spousal support to my ex-spouse?
You will have to pay spousal support if there is a court order or if you and your former spouse have an agreement that says that spousal support must be paid.
How much will spousal support be?
The amount of spousal support to be paid is based on the parties’ individual circumstances (facts) including things like the income of the spouse who will pay support and what the other spouse needs. The government has Spousal Support Advisory Guidelines that list the lowest and highest amount of support that people should get in different circumstances. The amounts depend on things like how long you were together, how many children you had, what kind of work each of you did and how much each of you earned.
How long will spousal support be paid?
Spousal support can be for a set period of time or it may not have an end date. It may depend on how long the spouses were married or in a common-law relationship and their circumstances.
Do I have to pay tax if I receive spousal support?
If you receive spousal support, you have to report the money you receive as taxable income.
How are my taxes affected if I pay spousal support?
If you pay spousal support, you can use the spousal support as a tax deduction.
I was not married to my partner, but we lived together. Would I be able to ask for spousal support?
You can ask for spousal support if you and your partner lived together without marrying if you meet the definition of a “common-law” spouse under the law. Here is how the Family Law Act defines a common-law spouse:
- you and your spouse have lived together for at least three years, or
- you and your spouse were in a steady relationship and you have a child or have adopted a child.
Can my spouse and I agree on spousal support without going to court?
Yes, you and your spouse can have a separation agreement that includes spousal support. You do not have to go to court to get a separation agreement. It is best to get legal advice from a lawyer before you sign a separation agreement.
My ex-spouse does not pay spousal support, what can I do?
If there is a court order for spousal support and your ex-spouse is not paying support, you can ask the Family Responsibility Office (FRO) to help you. The Family Responsibility Office is a government office and every court order for spousal support is automatically filed with the FRO. The person who pays spousal support has to send all payments to the FRO and the payment is then sent you. If the other person does not pay, the FRO will make sure to collect the money.
My ex-spouse does not live in Ontario, can the Family Responsibility Office collect spousal support from them?
The FRO can help you collect support if your spouse lives anywhere in Canada or the United States, as the FRO has agreements with other provinces and some countries. If your ex-spouse lives in a country where the FRO cannot help you enforce the support order, the only way you can collect support is to use the laws of the country where they live.
Can I change spousal support?
If there has been a change in your or the other person’s circumstances, for example, either parties’ income, or arrangements for children, or the person who is receiving support has re-married, you may be able to change the amount of spousal support. If you already have a court order, you have to ask the court to change the amount of spousal support, this is called varying the spousal support order. If your ex-spouse who pays spousal support does not live in Ontario, and you need to change a spousal support order, there are rules to be followed under the Interjurisdictional Support Orders Act, 2002 and the Divorce Act. You should speak to a lawyer if this is your situation.