Splitting up doesn't automatically mean someone pays support.
Spousal support isn't guaranteed just because one partner earned more. You have to be entitled to it first. Married spouses and many common-law partners can qualify. The reason, the amount, and how long it lasts all depend on your situation.
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In 30 seconds, here's what's true
- Spousal support is not automatic. A gap in income doesn't create it on its own. You first have to show you're entitled to it.
- Married spouses can claim under the federal Divorce Act. Common-law partners can claim under Ontario's Family Law Act.
- As a common-law partner, you can usually claim if you lived together for at least 3 years, or had a child together in a relationship of some permanence.
- Amount and length usually come from the Spousal Support Advisory Guidelines. These are advisory ranges courts use, not binding law.
- Monthly support under a court order or written agreement is taxable to the person who gets it. It's deductible for the payer. A lump sum usually isn't either.
How the process works
Check whether you can even claim
Married spouses claim under the Divorce Act. Common-law partners claim under Ontario's Family Law Act. That usually means you lived together for at least 3 years, or had a child together in a relationship of some permanence. If you fit one of those, you're allowed to ask. But asking isn't the same as being entitled.
Figure out why support would be owed
Entitlement rests on a reason, not just a pay gap. There are three. Compensatory, where you gave up career or income for the relationship or the kids. Needs-based, where you can't cover your own costs and the other person can help. And contractual, where an agreement promised it. A court looks at your roles, your health, your ages, and the lifestyle you shared.
Estimate a range with the Guidelines
Once entitlement is settled, most people use the Spousal Support Advisory Guidelines to work out how much and for how long. There's one formula for cases without child support, and another for cases with it. Remember these are advisory ranges, not a law. A judge doesn't have to land inside them.
Put it in an agreement or ask a court
You can settle support yourselves in a written separation agreement. That's faster and cheaper than court. If you can't agree, either of you can ask a judge to decide. A marriage or cohabitation contract might also affect support, though a court can sometimes set aside a term that's unfair.
Sort out taxes and future changes
How support is paid changes the tax. Monthly payments under a court order or written agreement are taxable income for the person who gets them, and deductible for the payer. A lump sum usually is neither. Support can also be reviewed later if circumstances change a lot. It doesn't automatically end just because someone starts a new relationship.
What to do next
- Confirm your route: Divorce Act if you were married, Family Law Act if you were common-law.
- If common-law, check that you lived together 3+ years or had a child together in a relationship of some permanence.
- Identify your basis: compensatory (roles/career), needs-based, or a promise in an agreement.
- Gather income proof for both partners: tax returns, notices of assessment, and pay records.
- Look up the Spousal Support Advisory Guidelines to estimate a range, remembering they're advisory.
- Note whether any marriage or cohabitation contract already deals with support.
- Decide whether to negotiate a written separation agreement or ask a court.
- Plan for taxes. Monthly support under an order or written agreement is taxable and deductible. A lump sum usually isn't.
Common myths
| Myth | Reality |
|---|---|
| Whoever earns less automatically gets spousal support. | No. An income gap alone doesn't create support. You have to be entitled first, based on a reason like giving up a career or genuine need. |
| Only married people can get spousal support. | Not so. Common-law partners can claim under Ontario's Family Law Act, usually after 3 years of living together or after having a child together. |
| The Advisory Guidelines set a fixed amount a judge must order. | They don't. The Spousal Support Advisory Guidelines are advisory ranges, not law. A judge considers them but can order something different. |
| Spousal support and child support are basically the same thing. | They're separate. Child support is for the kids and is largely set by tables. Spousal support is for a partner, isn't automatic, and follows different rules and tax treatment. |
| Support stops the moment my ex moves in with someone new. | Not automatically. A new relationship can be a reason to ask a court to review support, but it doesn't cut off payments on its own. |
| We can just handle it verbally and skip the paperwork. | Risky. Support is far clearer in a written separation agreement or court order, and the tax deduction for monthly payments depends on having one. |
| A lump-sum payout is taxed the same as monthly support. | Usually not. Monthly support under an order or agreement is taxable and deductible. A lump sum generally is neither, which changes the real value a lot. |
| Once support is set, it can never change. | It can. Either side can ask a court to review or vary support if there's a big change in circumstances, like a job loss or a serious illness. |
Last reviewed July 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
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PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
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