Many people assume that a longer marriage or a significant income disparity automatically entitles one spouse to support. While that may be the outcome in a signiificant number of cases, the assumption is nevertheless not accurate. Before any amount or duration of support is discussed, entitlement must be established. There must be a legal basis for the claim, not just a disparity in incomes.
Compensatory entitlement arises when one spouse suffered economic disadvantage because of the marriage — for example, leaving the workforce or reducing working hours to care for children, or sacrificing career advancement for the other spouse's benefit. This is the most common basis for longer-term support.
Non-compensatory (needs-based) entitlement arises where the marriage created economic interdependence and one spouse cannot meet their reasonable needs post-separation, even without a specific career sacrifice. This applies more often in long marriages.
Contractual entitlement arises where a separation agreement, marriage contract, or cohabitation agreement specifies support obligations.
Once entitlement is established, the Spousal Support Advisory Guidelines (SSAG) provide formulas that generate ranges for the amount and duration of support based on each spouse's income, the length of the marriage, and whether there are children. The SSAG are not law — judges are not required to follow them — but they are the starting point in virtually every spousal support case. Judges are not likely to depart from the SSAG calculations unless there is a compelling reason to do so. For an online calculator, check out this support calculator.
Shorter marriages with no children and limited career impact typically result in time-limited support over months to a few years. Long marriages where one spouse gave up a career may result in indefinite support — support with no predetermined end date, though it can still be varied or terminated if circumstances change.
Common-law spouses may be entitled to claim spousal support under Ontario's Family Law Act. The legal framework is more or less the same as for married spouses, but proving entitlement may require more evidence about the nature of the relationship and any economic disadvantage incurred.
This is a general overview. For advice specific to your situation, contact Sheard Law at 416-860-9990 or use our intake form.
