Does spousal support end automatically when the recipient remarries?

No. Under the Divorce Act, remarriage does not automatically terminate spousal support. Courts look at the recipient's actual financial situation after remarriage. If the new marriage significantly improves the recipient's financial position, the payor can apply to vary or terminate support — but they must bring a formal application and demonstrate the material change. Support does not stop on its own the day the recipient remarries.

Can a separation agreement override the Spousal Support Advisory Guidelines?

Yes. Spouses can agree to any amount and duration of support — or agree to waive support entirely — in a separation agreement. Courts will generally enforce these agreements if both parties signed voluntarily, with independent legal advice, and with full financial disclosure. An agreement signed without financial disclosure, or under duress, can be set aside. Courts retain the power to override a support waiver if enforcing it would leave one spouse on social assistance — this is the floor below which contractual waivers will not be enforced.

What is the difference between spousal support and child support in Canada?

Child support is calculated using the Federal Child Support Guidelines — a mandatory table based on the payor's gross income and number of children. There is no judicial discretion on the base amount. Spousal support has no mandatory table; courts use the SSAG ranges as a guide but can depart from them with reasons. Child support is not deductible for the payor and not taxable for the recipient. Periodic spousal support is deductible for the payor and taxable for the recipient. When both are ordered in the same case, the withchildsupport SSAG formula must be used, because child support payments affect each party's net disposable income.

How does spousal support work for common-law couples in Ontario?

Commonlaw partners in Ontario can claim spousal support under s. 29 of the Family Law Act if they cohabited continuously for at least three years, or if they have a child together and were in a relationship of some permanence. The SSAG apply to commonlaw relationships in the same way as marriages — courts treat years of cohabitation the same as years of marriage when calculating amounts and duration. The key procedural difference is that commonlaw partners cannot use the Divorce Act; they must apply under the provincial Family Law Act in the Ontario Superior Court of Justice (Family Court). There is no divorce proceeding — only a support application. Key Terms at a Glance Term Plain Definition SSAG Spousal Support Advisory Guidelines — nonbinding federal ranges for amount and duration Compensatory support Support that compensates for career or economic sacrifice during the marriage Noncompensatory support Support based on the recipient's financial need after separation Imputed income Income the court assigns to a spouse who is voluntarily underemployed Material change A significant change in circumstances that justifies varying a support order Rule of 65 If years of marriage + recipient's age ≥ 65, indefinite support is presumed FRO Family Responsibility Office — Ontario's support enforcement agency Lump sum Onetime payment; not deductible for payor, not taxable for recipient Periodic support Monthly payments; deductible for payor, taxable income for recipient Retroactive support Support awarded for a period before the application was filed

Spousal Support in Canada: How Amounts and Duration Are Calculated

Detail	Summary
Governing legislation	Divorce Act (s. 15.2) — married couples; provincial family law acts — common-law partners
Binding formula?	No — Spousal Support Advisory Guidelines (SSAG) are advisory, not mandatory
Two SSAG formulas	"Without child support" and "with child support"
Tax treatment	Periodic payments: deductible for payor, taxable for recipient; lump sum: neither
Enforcement	Provincial maintenance enforcement programs (e.g., Ontario's Family Responsibility Office)
Last updated	June 2026

Spousal support is not automatic after separation. There is no fixed table like child support. Courts weigh multiple factors, and the Spousal Support Advisory Guidelines give ranges — not a single number. This page explains how those ranges are calculated, how long support typically lasts, and what happens when circumstances change.

What Spousal Support Is — and What It Is Not

Spousal support is a payment from one spouse to another after separation or divorce. It is not a penalty for bad behaviour during the marriage. Courts do not consider who caused the breakdown of the relationship when deciding whether support is owed.

There are three legal bases for a spousal support claim:

Basis	What It Means
Compensatory	Compensates a spouse for economic disadvantage caused by the marriage — for example, leaving a career to raise children
Non-compensatory	Based on need — one spouse cannot meet basic living expenses after separation
Contractual	Based on a separation agreement or marriage contract signed by both parties

A claim can rest on more than one basis. A spouse who left work to care for children (compensatory) and now earns significantly less than the other (need-based) can claim on both grounds simultaneously.

Which Law Applies: Federal or Provincial?

The federal Divorce Act (s. 15.2) governs spousal support for married couples going through divorce. Provincial family law acts apply to unmarried common-law partners — and the eligibility rules differ significantly by province.

Province	Legislation for Common-Law Partners	Minimum Cohabitation Required
Ontario	Family Law Act, s. 29	3 continuous years, or any duration if they have a child together
British Columbia	Family Law Act	2 years
Alberta	Adult Interdependent Relationships Act	3 years, or any duration if they have a child together
Quebec	Civil Code of Quebec	No automatic right — must claim under unjust enrichment

In Quebec, common-law partners (conjoints de fait) have no automatic right to spousal support. A claim must be grounded in unjust enrichment or a cohabitation agreement. This gap affects hundreds of thousands of couples in Quebec who have lived together for decades without marrying.

The Spousal Support Advisory Guidelines: How the Ranges Work

The SSAG were developed by law professors Carol Rogerson and Rollie Thompson and published by the federal Department of Justice. They are not legislation — courts are not required to follow them. In practice, most courts use SSAG ranges as a starting point, and departures require a written explanation.

The SSAG provide two formulas:

Without child support formula — used when there are no dependent children, or when child support is not being paid at the same time.

Amount: 1.5% to 2% of the difference in the spouses' gross annual incomes, multiplied by the years of marriage
Duration: 0.5 to 1 year per year of marriage

Example: 12-year marriage. Payor earns $110,000/year gross; recipient earns $35,000/year gross.

Calculation	Low End	High End
Income difference	$75,000	$75,000
Percentage (years × rate)	18% (12 × 1.5%)	24% (12 × 2%)
Annual amount	$13,500	$18,000
Monthly amount	$1,125	$1,500
Duration	6 years	12 years

With child support formula — used when child support is being paid simultaneously. This formula uses net disposable income (NDI) after child support and taxes are accounted for. The recipient's NDI should fall between 40% and 46% of the combined NDI of both spouses. Duration is tied to the length of the marriage or the end of the child-rearing period, whichever is longer.

Duration: How Long Does Spousal Support Last?

Duration depends on the length of the marriage and the recipient's age at separation.

Marriage Length	Typical Duration Range
Under 5 years	Short-term or no support; courts often decline to award
5–10 years	2.5–10 years (0.5–1 year per year of marriage)
10–20 years	5–20 years
20+ years	Potentially indefinite

The Rule of 65: If the number of years of marriage plus the recipient's age at separation equals 65 or more, indefinite support is presumed under the SSAG. A 22-year marriage where the recipient is 48 at separation: 22 + 48 = 70 — indefinite support is the likely outcome.

Indefinite does not mean permanent. It means there is no fixed end date, but support can still be varied or terminated if circumstances change materially.

Tax Treatment: Periodic vs. Lump Sum

The tax treatment of spousal support depends entirely on how it is structured — and the difference is substantial.

Payment Type	Payor	Recipient
Periodic (monthly)	Deductible from taxable income	Taxable income
Lump sum	Not deductible	Not taxable

A payor in a 40% marginal tax bracket paying $2,000/month saves approximately $9,600/year in taxes on periodic support. A lump-sum settlement of $200,000 costs the payor the full amount with no tax relief — but the recipient keeps it entirely tax-free.

Lump-sum payments are sometimes preferred when both parties want a clean break and no ongoing financial relationship. Periodic payments are more common when the recipient needs ongoing income replacement and the payor benefits from the deduction.

Variation and Termination

Spousal support is not fixed forever. Either party can apply to vary or terminate support if there is a material change in circumstances — a change that, had it been known at the time of the original order, would have produced a different result.

Common grounds for variation:

Significant income change for either party (job loss, promotion, retirement at a reasonable age)
Recipient begins cohabiting with a new partner
Recipient remarries (does not automatically end support under the Divorce Act — see FAQ below)
Payor retires
Recipient becomes financially self-sufficient

Courts are increasingly reluctant to award indefinite support for marriages under 15 years. The expectation of eventual self-sufficiency is built into the SSAG duration ranges.

Imputing Income

If a spouse is voluntarily unemployed or underemployed — for example, a payor who resigns from a $150,000/year position shortly before a support hearing — the court can impute income: calculate support based on what that person could reasonably earn, not what they actually earn.

Courts consider the person's education, work history, age, health, and local job market conditions. Imputing income is also used when a spouse fails to disclose income from a business, self-employment, or investment portfolio.

Enforcement: What Happens If Support Is Not Paid

Each province operates a maintenance enforcement program that can enforce court orders and registered separation agreements without the recipient having to return to court.

Province	Program	Key Powers
Ontario	Family Responsibility Office (FRO)	Garnish wages, seize tax refunds, suspend driver's licence, report to credit bureaus
British Columbia	Maintenance Enforcement Program (MEP)	Garnish wages and bank accounts, suspend driver's licence
Alberta	Maintenance Enforcement Program	Garnish wages, seize assets, suspend licences
Quebec	Support Payment Collection Program	Automatic deduction from payor's income at source

In Ontario, court orders for spousal support are automatically filed with the FRO unless both parties opt out in writing. The FRO collected over $800 million in support payments in 2024. Arrears accumulate with interest and cannot be discharged in bankruptcy.

Retroactive Support

Courts can award support going back to the date of separation or the date the application was filed. The leading case is Kerr v. Baranow [2011] SCC 10, which established the framework for retroactive claims.

Courts weigh four factors: 1. The reason for the delay in claiming support 2. The conduct of the payor — did they discourage the claim or fail to pay voluntarily? 3. The recipient's circumstances during the period of delay 4. Hardship to the payor if a large retroactive award is made

Retroactive awards covering several years are possible but not automatic. Courts are more likely to award them when the payor knew a claim was coming and made no voluntary payments.

Spousal Support in Canada