Spousal support refers to financial assistance that one spouse may be entitled to after a marriage or common-law relationship ends. In Ontario, the law provides for spousal support under the Divorce Act (for married couples) and the Family Law Act (for common-law couples).

It is important to know that spousal support is not automatically granted. There are specific circumstances in which spousal support can be denied. As a family lawyer, I often explain these key factors to my clients, so they can better understand their rights and obligations.

Here are the main factors considered where spousal support may be denied in Ontario:

1. No Entitlement or Financial Need

The first consideration is whether the claiming spouse is actually entitled to support. If the spouse claiming support has a stable income, significant assets, or the ability to support themselves without assistance, the court may deny spousal support.

The purpose of spousal support is to address financial need and ensure fairness between the spouses. If the spouse requesting support can meet their own needs and there is no ongoing economic disadvantage, the claim for support may be denied.

Courts assess whether the receiving spouse has a financial need for support and whether the paying spouse has the ability to pay. If neither of these conditions is met, spousal support may be denied. For example, if both spouses are financially self-sufficient or if one spouse has a much higher income than the other, support may not be necessary.

2. Length of the Marriage or Relationship

The duration of the marriage or common-law relationship plays a significant role in determining whether spousal support will be awarded. In general, shorter marriages (less than 5 years) may not justify long-term spousal support obligations, especially if both spouses are capable of supporting themselves. If the marriage was brief and there are no children or significant financial disparities, a court may deny spousal support.

3. Adultery or Misconduct

Ontario courts are generally reluctant to consider adultery alone as a reason to deny support, focusing instead on the financial aspects of the separation. However, if a spouse was unfaithful or engaged in behavior that caused significant harm or financial loss to the other spouse, the court may reduce or deny spousal support.

4. Agreement or Waiver

In some cases, spousal support can be denied if there is a valid prenuptial or separation agreement in place where one spouse waived their right to support. If both parties agreed, either at the time of the marriage or separation, that there would be no spousal support, and the court finds the agreement to be fair and reasonable, it may uphold the waiver and deny support.

How Gosai Law Can Help

If you are navigating a separation or divorce and are unsure whether you are entitled to support—or whether you may be required to pay—it’s crucial to consult with a knowledgeable family lawyer who can help clarify your rights and guide you through the process.

Reach out to consult with us for personalized guidance so we help you make the most informed decisions.