In Ontario, spousal support or alimony (as it’s known in the United States) refers to financial assistance that one spouse may be required to provide to the other after separation or divorce.

Here are the important things to know about spousal support.

Eligibility

Spousal support may be available to individuals who have been married or in a common-law relationship. This includes whether, or not, you had children from the relationship.

However, many individuals may not know that you may be eligible for spousal support if you were in a relationship of some permanence for any length of time and had a child together.

The spouse seeking support must demonstrate at least one of the following:

• Responsibilities: establishing you had responsibilities that prevented you from building your own career, such as child-rearing or helping your build their career.
• Need of Financial Support: the spouse claiming support must demonstrate a need for financial support, and that the paying spouse has the means to pay.
• Agreement: you have a legal agreement stipulating you will receive spousal support should your relationship end.

The length of the relationship can also impact the duration of entitlement to spousal support.

Purpose

Spousal support aims to help the lower-earning or non-working spouse maintain a reasonable standard of living and address any economic disadvantages resulting from the relationship.

Spousal support serves several purposes, including:

• Facilitate Transition: helping the receiving spouse to become financially independent.
• Transition Support: preventing the receiving spouse from experiencing serious financial difficulty due to the breakdown of the relationship.
• Address Financial Disparities: compensating the receiving spouse for being financially disadvantaged during the relationship.

Is there a deadline to Apply for Spousal Support?

While there is no limitation period to apply for spousal support, Courts will take into consideration the factor of need. If the receiving spouse does not apply for support within a reasonable time, the court may consider that spouse to be financially stable. Courts may limit the amount of support or not award support at all.

If you believe you may be eligible for spousal support, it is important to consult us for personalized guidance and to ensure that all factors relevant to your situation are considered.