Spousal Support in Ontario
Many spouses going through a separation or divorce in Ontario are unaware of their spousal support rights and obligations (also known as alimony). This article will provide a brief summary of the law of spousal support in Ontario. Specifically, this article will look at which relationships trigger spousal support in Ontario, the amount and duration of spousal support in Ontario and types of spousal support orders.
Which relationships trigger spousal support in Ontario?
There used to be a time when only spouses who were married or used to be married could apply for spousal support in Ontario. However, this was substantially changed when the Ontario Family Law Act (referred to as the “FLA”) broadened the definition of a ‘spouse’ for the purposes of the provisions in the FLA with respect to spousal support in Ontario. Currently the expanded definition of a ‘spouse’ under the FLA includes persons who are married to each other, used to be married to each other, and persons who were never married to each other under certain situations. It is important to note, however, that the definition of a ‘spouse’ under the Divorce Act remains unchanged and only includes married couples.
Persons who were never married and spousal support in Ontario
However, with respect to persons who were never married to each other, there are certain requirements that need to be fulfilled before they become eligible to apply for spousal support in Ontario. There are two types of non-married relationships that may trigger rights and obligations for spousal support in Ontario:
- If the couple cohabited for a period of at least three years, or
- If the couple cohabited in a relationship of some permanence and are the natural or adoptive parents of a child.
For the purposes of the above two scenarios it is important to clarify that ‘cohabit’ means to live together in a relationship resembling marriage. What this basically means is a relationship in which the couple lived together like husband and wife, but were never married. Indicators of such a relationship would include living together in the same house, sharing expenses, going out together as a couple, and etc.
The reason why non-married couples were included as qualifying for spousal support in Ontario was because the FLA recognizes a spouse’s contribution to their relationship and the economic consequences of the relationship for the spouse.
How long and how much spousal support in Ontario?
How long and how much spousal support will have to be paid varies on many factors, including whether there is child support being paid, the length of the relationship and the difference between the incomes of the spouses.
With respect to the amount of spousal support in Ontario where no child support is being paid, the general formula is calculated as follows. It is 1.5% to 2% multiplied by the number of years of marriage or cohabitation, which is then multiplied by the difference between the spouses’ gross income for each year of marriage or cohabitation, up to a maximum of 50%. For marriage of 25 years or longer the range is fixed at 37.5 to 50%. So let us take an example. If a husband’s income is $100,000 a year and a wife’s income is $25,000 per year and they have cohabited for 10 years, the calculation will be as follows. You would calculate 1.5% and 2% multiplied by 10 years, which would give you a range of 15% to 20% and multiply that by the differential gross income of $75,000, giving you a range of $11,250 to $15,000 per year. Converted in monthly amounts, this would mean that the range of spousal support owed by the husband to the wife would be $937.50 to $1,250 per month.
With respect to the duration of spousal support in Ontario, it will range from six months to one year for each year of marriage. However, spousal support will be indefinite if the marriage is 20 years or longer in duration. Spousal support will also be indefinite if the marriage lasted five years or longer, when the years of marriage and age of the support recipient (on the separation date) added together total 65 or more – this is referred to as the rule of 65.
Types of spousal support orders
There are different types of spousal support in Ontario. A court may award a lump sum, periodic, time limited, unlimited or even an interim payment of spousal support. There is, however, a presumption in Ontario for periodic support. Lump sum is rare to be awarded in Ontario. A time limited order is usually awarded in cases where there was a short marriage – essentially, the recipient would get a certain amount for a limited amount of years.
For more information on spousal support in Ontario or about obtaining a divorce in Ontario, please contact our Toronto divorce lawyer.
Helpful Resources:
Divorce and Separation
Family Justice Services
Child Custody and Access
Spousal Support
Child Support
Division or Equalization of Family Property
Treatment of a Matrimonial Home
Enforcement of Support Payments
Child Protection
Child Adoption
