Spousal support is not automatic. Ontario asks three questions: is there entitlement, what amount, and for how long. The Spousal Support Advisory Guidelines are not a statute, but courts use their ranges constantly.
Married spouses and many common-law partners can claim support. The facts — length of the relationship, roles during it, incomes after it — decide the file.
Entitlement first
Compensatory claims (a spouse who sacrificed career for the family), needs-based claims and contractual claims are the three doors. Without entitlement, the Guidelines ranges do not apply.
Amount and duration
The Advisory Guidelines produce low, mid and high ranges from incomes, the length of the relationship and whether there are children. Duration can be indefinite after a long marriage, or time-limited after a short one. We run the numbers in the consultation so you see the range, not a slogan.
Tax and structure
Periodic spousal support has tax consequences that child support does not. Lump-sum and time-limited structures can be better in the right file. That is drafting, not software.
Review and variation
A material change — retirement, job loss, a new relationship in some circumstances — can reopen amount or duration. Review clauses in a well-drafted agreement make that cheaper than a motion from scratch.