Spousal Support Basics

Spousal support is a payment from one spouse to the other after separation or divorce. It is intended to address economic imbalances that arise from the relationship — for example, when one spouse gave up career opportunities to care for children or support the other spouse's career, or when one spouse is left in a significantly worse financial position after the relationship ends. Spousal support is available to married spouses under the Divorce Act and to common-law spouses under provincial legislation (after a qualifying period of cohabitation, typically two to three years, or less if the couple has a child together).

Canadian courts recognize three grounds for spousal support, established by the Supreme Court of Canada in Moge v Moge and Bracklow v Bracklow. Compensatory support compensates a spouse for economic disadvantages suffered as a result of the marriage or its breakdown — for example, a spouse who left the workforce to raise children and now has reduced earning capacity. Non-compensatory support addresses the basic needs of a spouse who cannot be self-sufficient after separation, even if there is no compensatory basis. Contractual support arises from a separation agreement or marriage contract that provides for support. Courts consider all three grounds in every spousal support case.

Spousal support is available to married spouses and, in most provinces, to common-law spouses who have lived together for a qualifying period (typically two to three years, or less if they have a child together). There is no automatic entitlement to spousal support — the claimant must establish entitlement based on one of the three grounds (compensatory, non-compensatory, or contractual). Factors that support entitlement include: a long marriage or relationship; a significant disparity in the spouses' incomes; one spouse having reduced their career to care for children or support the other's career; and one spouse being unable to become self-sufficient within a reasonable time.

Courts consider a wide range of factors when determining spousal support: the length of the relationship; the roles each spouse played during the relationship; the economic advantages and disadvantages arising from the relationship and its breakdown; the financial means and needs of each spouse; the care of children; any order, agreement, or arrangement relating to support; and the economic self-sufficiency of each spouse. No single factor is determinative. Courts look at the overall picture of the relationship and the separation to determine whether support is appropriate, and if so, how much and for how long.

Common-law spouses have the right to claim spousal support in every province and territory, though the qualifying period and the applicable legislation vary. In Ontario, common-law spouses who have lived together continuously for at least three years, or who are in a relationship of some permanence and have a child together, can claim spousal support under the Family Law Act. In BC, the Family Law Act applies to spouses who have lived together for at least two years. In Alberta, the Matrimonial Property Act does not apply to common-law couples, but the Adult Interdependent Relationships Act provides some support rights. Check your provincial legislation for the specific rules.

The goal of spousal support is not to punish the payor or to maintain the recipient in the lifestyle they enjoyed during the marriage indefinitely. The goal is to address economic disadvantage, meet reasonable needs, and promote self-sufficiency where possible. Courts expect recipients to take reasonable steps toward self-sufficiency — retraining, returning to the workforce, or otherwise reducing their dependence on support over time. The length and amount of support should reflect the time needed to achieve a reasonable degree of self-sufficiency, taking into account the recipient's age, health, skills, and the length of the relationship.